Section 17(3)

When awarding damages under paragraph (1) on the basis of this paragraph, a court must take into account all appropriate factors, including in particular— the negative economic consequences, including any lost profits, which the trade secret holder has suffered, and any unfair profits made by the infringer, and elements other than economic factors, including the moral prejudice caused to the trade secret holder by the unlawful acquisition, use or disclosure of the trade secret.

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Source: legislation.gov.uk · retrieved 2026-09-04