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§ 5304. Damages

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 12 Pa.C.S.A. Commerce and TradeEffective: April 19, 2004

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 12 Pa.C.S.A. Commerce and Trade (Refs & Annos)
Part IV. Commercial Protection (Refs & Annos)
Chapter 53. Trade Secrets (Refs & Annos)
Effective: April 19, 2004
12 Pa.C.S.A. § 5304
§ 5304. Damages
(a) Monetary damages.--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. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. 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.
(b) Exemplary damages.--If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

Credits

2004, Feb. 19, P.L. 143, No. 14, § 1, effective April 19, 2004.
12 Pa.C.S.A. § 5304, PA ST 12 Pa.C.S.A. § 5304
Current through 2022 Regular Session Act 29. Some statute sections may be more current, see credits for details.
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