S.C. Code Ann. § 39-8-110

Chapter's effect on conflicting tort, restitutionary, and other laws; effect on remedies

Known as the South Carolina Trade Secrets Act

The act spans §§ 39–39 (13 sections).

Applied in 2 court decisions — leading case 482 F. Supp. 2d 714 - Nucor Corp. v. Bell (2007)

Most recently applied in 482 F. Supp. 2d 714 - Nucor Corp. v. Bell (January 2007)

1997 Act No. 38, SECTION 1, eff May 21, 1997.

(A) Except as provided in subsections (B) and (C), this chapter displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(B) This chapter does not affect:

(1) contractual remedies, whether or not based upon misappropriation of a trade secret or protection of a trade secret;

(2) the provisions of the South Carolina Tort Claims Act.

(C) Any and all other civil remedies that are not based upon misappropriation of a trade secret or upon protection against misappropriation of a trade secret are governed by the rules of procedure, rules of evidence, regulations, and the common law applicable to the administrative law tribunal or court where the action is filed.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.