2010 Maryland Code
TITLE 11 - TRADE REGULATION
Subtitle 12 - Maryland Uniform Trade Secrets Act
Section 11-1203 - Right to damages.
§ 11-1203. Right to damages.
(a) In general.- 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) Items included.- 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) Alternate measure of damages.- 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) 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) of this section.
[1989, ch. 598.]
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