Vermont Statutes Title 9 Sec. 4603
Terms Used In Vermont Statutes Title 9 Sec. 4603
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Misappropriation: means :
- Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
§ 4603. Damages
(a)(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.
(2) 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.
(3) 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.
(4) A court shall award a substantially prevailing party his or her costs and fees, including reasonable attorney’s fees, in an action brought pursuant to this chapter.
(b) If malicious misappropriation exists, the court may award punitive damages. (Added 1995, No. 90 (Adj. Sess.), § 1; amended 2013, No. 199 (Adj. Sess.), § 17.)