What are the legal remedies for the misuse of trade secrets?

In California, the legal remedies for the misuse of trade secrets involve civil and criminal action. For civil action, an injured party may file a lawsuit against the misappropriator and seek monetary damages or an injunction to stop the use of the trade secret. The court may also award attorneys’ fees to the injured party as a remedy. In criminal cases, the misappropriator may face imprisonment and/or fines. This applies when the misappropriation was done with malicious intent or to benefit the misappropriator financially. The owner of the trade secret may also petition the court for an ex parte order that requires the defendant to return all information that was misappropriated, and to provide any assistance necessary for the protection of the trade secret. In addition, the owner of the trade secret may file a complaint with the trade secret protection agency of their particular state. The agency may provide assistance in investigating the case and take measures to prevent further misuse of the trade secret. Finally, the owner of the trade secret may also enter into a non-disclosure agreement with the misappropriator and seek damages from the breach of that agreement. The agreement may also require the misappropriator to relinquish any trade secrets that have been acquired.

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