Okla. Stat. tit. 78, § 78-88
This is the official text of Okla. Stat. tit. 78, § 78-88, part of Oklahoma’s Stat. tit. 78, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 78,." Browse the sections below, each linked to its official government source.
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Damages
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.
Damages can 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.
B. If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any
Oklahoma Statutes - Title 78. Trade Marks and Labels Page 19
award made pursuant to the provisions of subsection A of this
section.
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 can 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.
B. If willful and malicious misappropriation exists, the court
may award exemplary damages in an amount not exceeding twice any
Oklahoma Statutes - Title 78. Trade Marks and Labels Page 19
award made pursuant to the provisions of subsection A of this
section.
Status: in_force · Read it on the official government site
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