Act 2
Trade Secrets Protection Act
2009
unfair commercial use.
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 any one 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,
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