60-3322. Same; damages. (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 award made under subsection (a).
History: L. 1981, ch. 214, § 3; L. 1988, ch. 221, § 2; July 1.
Structure Kansas Statutes
Article 33 - Actions Relating To Commercial Activity
60-3305 Manufacturer's or seller's duty to warn or protect against danger, when.
60-3306 Seller not subject to liability, when.
60-3307 Inadmissible evidence.
60-3321 Misappropriation of trade secret; injunctive or other protective relief.
60-3323 Award of attorney fees, when.
60-3324 Preservation of trade secret during action.
60-3325 Time limit for bringing action.
60-3329 Severability of provisions of act.
60-3334 Same; waiver of privilege; exceptions; burden of proof; review; return of report.
60-3337 Statutory and common-law privileges not affected.
60-3339 Compliance with act shall be considered by tribunal in determining penalties.
60-3351 Insurance compliance self-evaluative privilege.
60-3352 Same; in camera review; effect on admissibility of documents.
60-3353 Same; in camera review; procedure.
60-3354 Same; assertion of privilege; burden of proof.