365.884 Damages.

126 words·~1 min read·/ky/chapter-365/365-884

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 shall be 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 willful and malicious misappropriation exists, the court may award exemplary

damages in an amount not exceeding twice any award made under subsection (1).