[ 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.

Terms Used In Hawaii Revised Statutes 482B-3

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Misappropriation: means :

         (1)  Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

         (2)  Disclosure or use of a trade secret of another without express or implied consent by a person who:

              (A)  Used improper means to acquire knowledge of the trade secret; or

              (B)  At the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

                   (i)  Derived from or through a person who had utilized improper means to acquire it;

                  (ii)  Acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

                 (iii)  Derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

              (C)  Before a material change of the person's position, knew or has reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Hawaii Revised Statutes 482B-2

  • Trade secret: means information, including a formula, pattern, compilation, program device, method, technique, or process that:

         (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. See Hawaii Revised Statutes 482B-2

     (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.