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Home » US Law » 2022 Maryland Statutes » Commercial Law » Title 11 - Trade Regulation » Subtitle 12 - Maryland Uniform Trade Secrets Act

Section 11-1202 – Misappropriation of Trade Secrets May Be Enjoined

    (a)    Actual or threatened misappropriation may be enjoined.     (b)    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 the misappropriation.     (c)    In exceptional circumstances, […]

Section 11-1203 – Right to 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.     (b)    Damages under this subtitle may include:         (1)    The actual loss caused by misappropriation; and         (2)    The unjust enrichment caused by misappropriation […]

Section 11-1204 – Award of 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;         (2)    A motion to terminate an injunction is made or resisted in bad faith; or         (3)    Willful and malicious misappropriation exists.

Section 11-1205 – Preservation of Trade Secret During Action

    In an action under this subtitle, 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, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret […]

Section 11-1206 – Limitations

    (a)    An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.     (b)    For the purposes of this section, a continuing misappropriation constitutes a single claim.

Section 11-1207 – Subtitle Constitutes Exclusive Remedy

    (a)    Except as provided in subsection (b) of this section, this subtitle displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.     (b)    (1)    This subtitle does not affect:             (i)    Contractual remedies, whether or not based upon misappropriation of a trade secret;             (ii)    Other civil remedies that are not based upon […]