(D) A contractual duty not to disclose or divulge a trade secret, to maintain the secrecy of a trade secret, or to limit the use of a trade secret must not be considered void or unenforceable or against public policy for lack of a durational or geographical limitation. (C) A person aggrieved by a misappropriation, wrongful disclosure, or wrongful use of his trade secrets may bring a civil action to recover damages incurred as a result of the wrongful acts and to enjoin its appropriation, disclosure, use, or wrongful acts pertaining to the trade secrets. (B) Every employee who is informed of or should reasonably have known from the circumstances of the existence of any employer's trade secret has a duty to refrain from using or disclosing the trade secret without the employer's permission independently of and in addition to any written contract of employment, secrecy agreement, noncompete agreement, nondisclosure agreement, or other agreement between the employer and the employee. (A) A trade secret endures and is protectable and enforceable until it is disclosed or discovered by proper means. Trade secrets employees' obligation to refrain from disclosing civil actions and remedies. The collective effect of the items and procedures must be considered in any analysis of whether a trade secret exists and not the general knowledge of each individual item or procedure. (b) A trade secret may consist of a simple fact, item, or procedure, or a series or sequence of items or procedures which, although individually could be perceived as relatively minor or simple, collectively can make a substantial difference in the efficiency of a process or the production of a product, or may be the basis of a marketing or commercial strategy. (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain economic value from its disclosure or use, and (a) information including, but not limited to, a formula, pattern, compilation, program, device, method, technique, product, system, or process, design, prototype, procedure, or code that: (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. (3) "Owner" means the person or entity in whom or in which rightful legal or equitable title to the trade secret is reposed. (iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use or (B) acquired by mistake or under circumstances giving rise to a duty to maintain its secrecy or limit its use or (A) derived from or through a person who had utilized improper means to acquire it (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was: (i) used improper means to acquire knowledge of the trade secret or (c) disclosure or use of a trade secret of another without express or implied consent by a person who: (b) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means or (a) acquisition of a trade secret of another by a person by improper means (1) "Improper means" include theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, duties imposed by the common law, statute, contract, license, protective order, or other court or administrative order, or espionage through electronic or other means. 38, Section 1, eff May 21, 1997.Īs used in this chapter, unless the context requires otherwise: Written by contributing authors who are practitioners and experts in the jurisdictions covered, this treatise offers guidance for handling international and global business decisions, provides the practical steps that must be taken in a given country to preserve a trade secret from being revealed, analyzes both the civil and criminal penalties for misappropriation of trade secrets, and covers the interrelation of trade secrets with other global business issues.This chapter may be cited as the "South Carolina Trade Secrets Act". Trade Secrets Throughout the World provides a comprehensive review of the practices and procedures for protecting trade secrets in over 40 nations worldwide, including many of the United States’ largest trading partners.
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