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2020 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 27 - Trade Secrets
§ 10-1-763. Recovery of Damages
Universal Citation: GA Code § 10-1-763 (2020)
- In addition to or in lieu of the relief provided by Code Section 10-1-762, a person 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.If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited.
- 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 Code section.
- In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret.
(Code 1981, §10-1-763, enacted by Ga. L. 1990, p. 1560, § 1.)
- Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.
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