Sec. 4.
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.
History: 1998, Act 448, Imd. Eff. Dec. 30, 1998
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 448 of 1998 - Uniform Trade Secrets Act (445.1901 - 445.1910)
Section 445.1901 - Short Title.
Section 445.1902 - Definitions.
Section 445.1903 - Misappropriation; Injunction.
Section 445.1904 - Misappropriation; Recovery of Damages.
Section 445.1905 - Award of Attorney's Fees.
Section 445.1906 - Trade Secret; Preservation of Secrecy.
Section 445.1907 - Statute of Limitations; Continuing Misappropriation as Single Claim.
Section 445.1908 - Other Laws and Remedies; Effect.