§78-104. Injunctions.
A. Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 3 of this act and that proceedings would be in the public interest, the Attorney General or district […]
§78-105. Civil penalty.
A person who violates Section 3 of this act shall be liable to the State of Oklahoma for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Section […]
§78-88. Damages.
A. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that […]
§78-89. Attorney’s fees.
The court may award reasonable attorney’s fees to the prevailing party if: 1. A claim of misappropriation is made in bad faith; or 2. A motion to terminate an injunction is made or resisted in bad faith; or 3. Willful and malicious misappropriation exists. Added by Laws 1986, c. 85, § 5, eff. Nov. 1, […]
§78-90. Means of preserving trade secrets.
In an action brought pursuant to the provisions of the Uniform Trade Secrets Act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings pursuant to the provisions of Section 3203 of Title 12 of the Oklahoma Statutes, holding in-camera […]
§78-91. Limitation of actions.
An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. Added by Laws 1986, c. 85, § 7, eff. Nov. 1, 1986.
§78-92. Operation and effect of act – Exemptions.
A. Except as provided for in subsection B of this section, the Uniform Trade Secrets Act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. B. The Uniform Trade Secrets Act does not affect: 1. contractual remedies, whether or not based upon misappropriation of a […]
§78-93. Application and construction of act.
The Uniform Trade Secrets Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Added by Laws 1986, c. 85, § 9, eff. Nov. 1, 1986.
§78-74. Sale of imitation American Indian arts and crafts as being authentic prohibited.
It is unlawful to distribute, trade, sell or offer for sale or trade within this state any article represented as being made by American Indians unless the article actually is made or assembled by American Indian labor or workmanship. All articles purporting to be of silver shall be made of coin or sterling silver. Added […]
§78-94. Exemptions.
The Uniform Trade Secrets Act shall not be construed to apply: 1. to a misappropriation occurring prior to the effective date of this act; or 2. with respect to a continuing misappropriation that began prior to the effective date of this act, to the continuing misappropriation that occurs after the effective date of this act. […]