Section 5303 – Injunctive relief
§ 5303. Injunctive relief. (a) Injunctions.–Actual or threatened misappropriation may be enjoined. Upon application to the court, 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 […]
Section 5304 – Damages
§ 5304. Damages. (a) Monetary damages.–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 […]
Section 5305 – Attorney fees
§ 5305. Attorney fees. A court may award reasonable attorney fees, expenses and costs to the prevailing party: (1) if a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful and malicious misappropriation exists.
Section 5306 – Preservation of secrecy
§ 5306. Preservation of secrecy. In any action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means which may include, but are not limited to, granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person […]
Section 5307 – Statute of limitations
§ 5307. Statute of limitations. An action under this chapter for misappropriation must be brought within three years after the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered.
Section 5308 – Effect on other law
§ 5308. Effect on other law. (a) General rule.–Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret. (b) Exceptions.–This chapter does not affect: (1) contractual remedies, whether or not based upon misappropriation of a trade secret; (2) […]
Section 5301 – Short title of chapter
§ 5301. Short title of chapter. This chapter shall be known and may be cited as the Uniform Trade Secrets Act.
Section 5302 – Definitions
§ 5302. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Improper means.” Includes, but is not limited to, theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through […]