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Idaho Code § 48-802

Injunctive relief

Known as the Idaho Trade Secrets Act

The act spans §§ 48–48 (7 sections).

Applied in 1 court decision — leading case JustMed, Inc. v. Byce (2010)

Most recently applied in JustMed, Inc. v. Byce (April 2010)

I.C., § 48-802, as added by 1981, ch. 240, § 1, p. 483; am. 1990, ch. 274, § 1, p. 774.

(1) 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 the misappropriation.

(2) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.

(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.