Except in cases in which there has been a change in position or situation, before the defendant was aware or should have been aware of the concept of misappropriation concerning the information of the industrial or trade secret, and this renders a monetary settlement non-equitable, the plaintiff may recover any material damages sustained because of such misappropriation. The plaintiff may also claim any additional damages caused by any advantage obtained by the defendant as a result of such misappropriation which have not been included in the computation of losses caused by such damages. If unable to prove, to the satisfaction of the court, material damages or damages caused by improper advantage, the court may order the payment of royalties for a term that shall not be longer than the term for which the use of such information would have been prohibited.\nThe court, in its discretion, may fix the sum total for damages in an amount that shall not exceed thrice (3) the proven damages when the court finds that the violation was intentional and perpetrated in bad faith.\nThe elements to be considered when granting damages for misappropriation of an industrial or trade secret include, en the court finds that the violation was intentional and perpetrated in bad faith.\nThe elements to be considered when granting damages for misappropriation of an industrial or trade secret include, but are not limited to:\n(a) Loss of profit for the owner of such information;\n(b) value of the sum that would have been paid to a consultant to develop such information;\n(c) depreciation of such information’s value as a result of disclosure;\n(d) developing costs in the process of acquiring such information, or\n(e) such information’s market value.\nHistory —June 3, 2011, No. 80, § 9.
Puerto Rico Legal Code