Act 2
Trade Secrets Protection Act
2009
PART III-REMEDIES AND DEFENCES
12. Remedies.
(1) In proceedings for improper disclosure, acquisition or use of
a trade secret, the court may, subject to subsections (2) and (3) and
section 10, do anyone or more of the following(a) grant an injunction in accordance with section 13;
(b) award damages in accordance with sections 14 and 16;
(c) order an account of profits under section 15;
(d) make an adjustment order under section 17; or
(e) order the defendant to deliver up or destroy anything in which
the trade secret to which the improper disclosure,
acquisition or use relates is contained or embodied.
(2) The court shall not exercise its discretion to award both
compensatory damages and an account of profits in such manner as
to allow a plaintiff to recover twice for the same loss.
(3) Nothing in this section shall prejudice any jurisdiction of the
court to grant auxiliary or incidental relief.
13. Injunction.
(1) The court may, subject to section 12 grant an interlocutory or
permanent injunction with respect to the improper disclosure,
acquisition or use of a trade secret.
(2) 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 such additional period as the court
thinks fit in order to eliminate any commercial advantage that would
otherwise accrue to the defendant from the improper disclosure,
acquisition or use.
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