Legal Question in Intellectual Property in California
NDA Breach and Injunctive Relief
Is it important to have specific language
in an NDA that says if a party breaches
the NDA that the other party is entitled
to injunctive relief and monetary
damages if appropriate? Sometimes
this is an emotionally charged provision.
2 Answers from Attorneys
Re: NDA Breach and Injunctive Relief
If you want injunctive relief as an option, it's important that the NDA include such language. Makes it much easier for the Judge to issue the injunction.
Money damages, however, probably don't need to be mentioned, but be careful that the language of the NDA doesn't suggest that injunctive relief will be the only remedy available.
Re: NDA Breach and Injunctive Relief
The preceding answer is from an expert and quite trustworthy. I can only add that if the party being asked to sign an agreement containing such a clause balks at it, you must wonder how pure their intentions are. No one with pure motives should be concerned about mere mention of injunctions and money damages. They are either untrustworthy, unsophisticated, or both.
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