VETOES

(1)  DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR
POTENTIAL, FROM NOT BEING GENERALLY KNOWN TO, AND NOT BEING
READILY ASCERTAINABLE BY PROPER MEANS BY, OTHER PERSONS WHO CAN
OBTAIN ECONOMIC VALUE FROM ITS DISCLOSURE OR USE; AND

(2)  IS THE SUBJECT OF EFFORTS THAT ARE REASONABLE
UNDER THE CIRCUMSTANCES TO MAINTAIN ITS SECRECY.

12-1102 11-1202.

(A)  ACTUAL OR THREATENED MISAPPROPRIATION MAY BE ENJOINED.

(B)  ON APPLICATION TO THE COURT, AN INJUNCTION SHALL BE
TERMINATED WHEN THE TRADE SECRET HAS CEASED TO EXIST, BUT THE
INJUNCTION MAY BE CONTINUED FOR AN ADDITIONAL REASONABLE PERIOD
OF TIME IN ORDER TO ELIMINATE COMMERCIAL ADVANTAGE THAT OTHERWISE
WOULD BE DERIVED FROM THE MISAPPROPRIATION.

(C)  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.

(D)  IN APPROPRIATE CIRCUMSTANCES, AFFIRMATIVE ACTS TO
PROTECT A TRADE SECRET MAY BE COMPELLED BY COURT ORDER.

(E)  IN THIS SECTION "EXCEPTIONAL CIRCUMSTANCES" INCLUDES A
MATERIAL AND PREJUDICIAL CHANGE OF POSITION BEFORE ACQUIRING
KNOWLEDGE OR REASON TO KNOW OF MISAPPROPRIATION THAT RENDERS A
PROHIBITIVE INJUNCTION INEQUITABLE.

12-1103 11-1203.

(A)  EXCEPT TO THE EXTENT THAT A MATERIAL AND PREJUDICIAL
CHANGE OF POSITION BEFORE ACQUIRING KNOWLEDGE OR REASON TO KNOW
OF MISAPPROPRIATION RENDERS A MONETARY RECOVERY INEQUITABLE, A
COMPLAINANT IS ENTITLED TO RECOVER DAMAGES FOR MISAPPROPRIATION.

(B)  DAMAGES UNDER THIS SUBTITLE MAY INCLUDE:

(1)  THE ACTUAL LOSS CAUSED BY MISAPPROPRIATION; AND

(2)  THE UNJUST ENRICHMENT CAUSED BY MISAPPROPRIATION
THAT IS NOT TAKEN INTO ACCOUNT IN COMPUTING ACTUAL LOSS.

(C)  IN LIEU OF DAMAGES MEASURED BY ANY OTHER METHODS, THE
DAMAGES CAUSED BY MISAPPROPRIATION MAY BE MEASURED BY IMPOSITION
OF LIABILITY FOR A REASONABLE ROYALTY FOR A MISAPPROPRIATOR'S
UNAUTHORIZED DISCLOSURE OR USE OF A TRADE SECRET.

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