Indiana Code > Title 24 > Article 2 > Chapter 3 > § 24-2-3-4. Damages for misappropriation and unjust enrichment; royalty; exemplary damages
Current as of: 2009IC 24-2-3-4
Damages for misappropriation and unjust enrichment; royalty; exemplary damages
Sec. 4. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(b) When neither damages nor unjust enrichment are provable, the court may order payment of a reasonable royalty for no longer than the period during which the use could have been prohibited.
(c) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).
As added by Acts 1982, P.L.148, SEC.1. Amended by P.L.50-1984, SEC.4.
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