2017 Hawaii Revised Statutes
TITLE 26. TRADE REGULATION AND PRACTICE
482B. Trade Secrets
482B-3 Injunctive relief.

Universal Citation: HI Rev Stat § 482B-3 (2017)

[§482B-3] Injunctive relief. (a) Actual or threatened misappropriation may be enjoined. Upon application to a circuit court of the State, 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.

(b) 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, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable. The alleged wrongful user shall bear the burden of proof of exceptional circumstances.

(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [L 1989, c 221, pt of §1]

Rules of Court

Injunctions, see HRCP rule 65.

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