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. 10

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