5. How is trade secret protection enforced?


If the court finds that trade secret theft has occurred, it may issue an order (injunction) requiring all those wrongfully in possession of the information to refrain from using it or disclosing it to others. The court may also award the trade secret owner money damages to compensate for any monetary loss suffered as a result of the theft. In cases involving willful or deliberate theft, the court may also award punitive damages to punish the wrongdoer. Finally, in clear-cut cases, federal and state criminal antitheft laws may be invoked and the trade secret thief subjected to criminal prosecution.

Related terms: damages in trade secret misappropriation actions; federal trade secret statute; independent conception, defense to trade secret claim; injunctions in trade secret cases; predetermination of rights in technical data; temporary restraining order; territorial restriction agreements—trade secrets; trade secret misappropriation action; tying arrangements; unjust enrichment and trade secrets; World Intellectual Property Organization (WIPO).




Patent Copyright & Trademark
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
ISBN: 1413309208
EAN: 2147483647
Year: 2003
Pages: 152

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