The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9 V.S.A. § 4603)
-
§ 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.)