Illinois General Assembly - Illinois Compiled Statutes

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765 ILCS 1065/3

(765 ILCS 1065/3) (from Ch. 140, par. 353)

Sec. 3.

(a) Actual or threatened misappropriation may be enjoined.


Upon application to the court, an injunction may be terminated when the
trade secret has ceased to exist, provided that the injunction may be
continued for an additional reasonable period of time in appropriate
circumstances for reasons including, but not limited to an elimination of
the commercial advantage that otherwise would be derived from the
misappropriation, deterrence of willful and malicious misappropriation, or
where the trade secret ceases to exist due to the fault of the enjoined
party or others by improper means.

(b) If the court determines that it would be unreasonable to prohibit
future use due to an overriding public interest, an injunction may
condition future use upon payment of a reasonable royalty for no longer
than the period of time the use could have been prohibited.

(c) In appropriate circumstances, affirmative acts to protect a trade
secret may be compelled by a court order.

(Source: P.A. 85-366.)