Difference between revisions of "Utah Misappropriation of trade secrets under Utah Code Ann. §§ 13-24-1 to 13-24-9"
From Lawpendium
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the Uniform Trade Secrets Act can be found here: [http://le.utah.gov/UtahCode/section.jsp?code=13-24 Ut. Code Ann §§ 13-24-1 to 13-24-9] | the Uniform Trade Secrets Act can be found here: [http://le.utah.gov/UtahCode/section.jsp?code=13-24 Ut. Code Ann §§ 13-24-1 to 13-24-9] | ||
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| + | 13-24-1. Short title. | ||
| + | This chapter is known as the "Uniform Trade Secrets Act." | ||
13-24-4. Damages. | 13-24-4. 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 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. | (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 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. | ||
(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). | (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). | ||
Revision as of 04:05, 20 January 2015
the Uniform Trade Secrets Act can be found here: Ut. Code Ann §§ 13-24-1 to 13-24-9
13-24-1. Short title.
This chapter is known as the "Uniform Trade Secrets Act."
13-24-4. 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 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.
(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).
