§ 6-41-3 - Damages. - Rhode Island Statutes

SECTION 6-41-3

   § 6-41-3  Damages. – (a) Except to the extent that a material and prejudicial change of positionprior to acquiring knowledge or reason to know of misappropriation renders amonetary recovery inequitable, a complainant is entitled to recover damages formisappropriation. Damages can include both the actual loss caused bymisappropriation and the unjust enrichment caused by misappropriation that isnot taken into account in computing actual loss. In lieu of damages measured byany other methods, the damages caused by misappropriation may be measured byimposition of liability for a reasonable royalty for a misappropriator'sunauthorized disclosure or use of a trade secret.

   (b) If willful and malicious misappropriation exists, thecourt may award exemplary damages in an amount not exceeding twice an awardmade under subsection (a).