KRS 365.884: Damages.
Where this section sits in the code
- KRS Chapter 365
(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 shall be entitled to recover damages for
misappropriation. Dam ages may 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 misapprop riation may be measured by
imposition of liability for a reasonable royalty for a misappropriator's unauthorized
disclosure or use of a trade secret.
(2) If willful and malicious misappropriation exists, the court may award exemplary
damages in an amount not exceeding twice any award made under subsection (1).
Collected 2026-09-05T20:59:02Z. Source file · JSON