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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) In addition to or in lieu of the relief provided by Code Section 10-1-762, a person 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. If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited.
(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) of this Code section.
(c) In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret.
Cite this article: FindLaw.com - Georgia Code Title 10. Commerce and Trade § 10-1-763 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-10-commerce-and-trade/ga-code-sect-10-1-763/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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