§ 47-25.1-02 — Injunctive relief

North Dakota § 47-25.1-02

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-25.1: Trade Secrets

Text

1. Actual or threatened misappropriation may be enjoined. Upon application to the court,
an injunction must be terminated when the trade secret has ceased to exist, but the
injunction may be continued for an additional reasonable period of time to eliminate
commercial advantage that otherwise would be derived from the misappropriation.
2. In exceptional circumstances, an injunction may condition future use upon payment of
a reasonable royalty for no longer than the period of time for which use could have
been prohibited. Exceptional circumstances include a material and prejudicial change
of position prior to acquiring knowledge or reason to know of misappropriation that
renders a prohibitive injunction inequitable.
3. In appropriate circumstances, affirmative acts to protect a trade secret may be
compelled by court order.