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§ 11-1203. Damages

West's Annotated Code of MarylandCommercial Law

West's Annotated Code of Maryland
Commercial Law
Title 11. Trade Regulation
Subtitle 12. Maryland Uniform Trade Secrets Act (Refs & Annos)
MD Code, Commercial Law, § 11-1203
§ 11-1203. Damages
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.
(b) Damages under this subtitle may include:
(1) The actual loss caused by misappropriation; and
(2) The unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.
(c) In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(d) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this section.

Credits

Added by Acts 1989, c. 598, § 1, eff. July 1, 1989.
MD Code, Commercial Law, § 11-1203, MD COML § 11-1203
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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