2011 West Virginia Code
CHAPTER 47. REGULATION OF TRADE
ARTICLE 22. UNIFORM TRADE SECRETS ACT.
§47-22-3. Damages.


WV Code § 47-22-3 (2002 through Reg Sess) What's This?


(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. Damages may include both the actual loss caused by the misappropriation and the unjust enrichment caused by the misappropriation. 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) If willful and malicious misappropriation occurs, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).

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