Act 2
Trade Secrets Protection Act
2009
14. Damages.
An owner may, subject to section 12, recover damages for the loss
caused by the improper disclosure, acquisition or use of a trade secret.
15. Account of profits.
The court may, subject to section 12, order the defendant to account
to the plaintiff or owner for any profits that have accrued, or that may
subsequently accrue to the defendant by reason or in consequence of
the improper disclosure, acquisition or use of the trade secret.
16. Exemplary damages.
The court may, subject to section 10, award exemplary damages for
the improper disclosure, acquisition or use of a trade secret.
17. Adjustment orders.
(1) The court may, subject to section 9, make an adjustment
order regulating future exploitation of the trade secret by the
defendant or by the plaintiff and the defendant.
(2) An adjustment order under subsection (1) may include any or
all of the following(a) payment of the plaintiff of a royalty with respect to the future
use by the defendant of the trade secret in such amount
and upon such terms as the court thinks fit;
(b) contribution by the defendant to the plaintiff for expenses
incurred by the plaintiff in connection with acquiring or
developing the trade secret, and which are liable to be
wasted by reason of the defendant being permitted to
exploit the trade secret in the future; or
(c) determination of any incidental question relating to the extent
to which both the plaintiff and the defendant shall be free
to exploit the trade secret in future and the rights and
liabilities of each.
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