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 pursuant to the provisions of subsection A of this section.
Added by Laws 1986, c. 85, § 4, eff. Nov. 1, 1986.
Structure Oklahoma Statutes
Title 78. Trademarks and Labels
§78-23. Application for registration.
§78-24. Certificate of registration.
§78-30. Fraudulent registration.
§78-56. Collection of unwanted clothing via public receptacle for resale.
§78-74. Sale of imitation American Indian arts and crafts as being authentic prohibited.
§78-82. Substitutes and mixtures not to be labeled as honey.
§78-83. Word "imitation" not to be used.
§78-83.1. Imported honey - Labeling - Exemptions.
§78-87. Injunctions - Court orders.
§78-90. Means of preserving trade secrets.
§78-91. Limitation of actions.
§78-92. Operation and effect of act - Exemptions.