Md. Code, Commercial Law § 11-1203
This is the official text of Md. Code, Commercial Law § 11-1203, part of Maryland’s Code, Commercial Law — governs commercial transactions - Maryland's version of the Uniform Commercial Code.
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§11–1203.
Official statutory text
(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.
(b) 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) 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) 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.
(b) 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) 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) 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.
Status: in_force · Read it on the official government site
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