§ 7-74-104 — Damages

(1) 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 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.

(2) If the misappropriation is attended by circumstances of fraud, malice, or a
willful and wanton disregard of the injured party's right and feelings, the court or
the jury may award exemplary damages in an amount not exceeding the award
made under subsection (1) of this section.

Legislative History

Source: L. 86: Entire article added, p. 461, � 1, effective July 1.