2016 Maryland Code
Commercial Law
Title 11 - Trade Regulation
Subtitle 12 - Maryland Uniform Trade Secrets Act
§ 11-1203. Right to damages

MD Comm L Code § 11-1203 (2016) What's This?

(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.

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