13-24-4 - Damages.
13-24-4. Damages.
(1) Except to the extent that a material and prejudicial change of position prior toacquiring knowledge or reason to know of misappropriation renders a monetary recoveryinequitable, a complainant is entitled to recover damages for misappropriation. Damages caninclude both the actual loss caused by misappropriation and the unjust enrichment caused bymisappropriation that is not taken into account in computing actual loss. In lieu of damagesmeasured by any other methods, the damages caused by misappropriation may be measured byimposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure oruse of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplarydamages in an amount not exceeding twice any award made under Subsection (1).
Enacted by Chapter 60, 1989 General Session