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The Trade Secrets (Enforcement, etc.) Regulations 2018

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Injunctions or interdicts and corrective measures

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14.—(1) Where a court finds on the merits of the case that there has been an unlawful acquisition, use or disclosure of a trade secret, the court may, on application by the trade secret holder, order one or more of the following measures against the infringer—

(a)the cessation of, or (as the case may be) the prohibition of, the use or disclosure of the trade secret;

(b)the prohibition of the production, offering, placing on the market or use of infringing goods, or the importation, export or storage of infringing goods for those purposes;

(c)the adoption of corrective measures with regard to the infringing goods, including where appropriate—

(i)recall of the infringing goods from the market;

(ii)depriving the infringing goods of their infringing quality;

(iii)destruction of the infringing goods or their withdrawal from the market, provided that the withdrawal does not undermine the protection of the trade secret in question;

(d)the destruction of all or part of any document, object, material, substance or electronic file containing or embodying the trade secret, or where appropriate, the delivery up to the applicant of all or part of that document, object, material, substance or electronic file.

(2) Where a court orders that infringing goods be withdrawn from the market, the court may order, on the application of the trade secret holder, that the infringing goods be delivered up and forfeited to the trade secret holder together with all or part of any document, object, material, substance or electronic file containing or embodying the trade secret.

(3) Where a court makes an order for a measure under paragraph (1)(c) or (d) or paragraph (2), the court must—

(a)order that the measure be carried out at the expense of the infringer, unless there are particular reasons for not doing so, and

(b)ensure the measure is without prejudice to any damages that may be due to the trade secret holder by reason of the unlawful acquisition, use or disclosure of the trade secret.

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