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S.C. Code Ann. § 39-8-40

Recovery of actual damages; exemplary damages

Known as the South Carolina Trade Secrets Act

The act spans §§ 39–39 (13 sections).

Applied in 1 court decision — leading case Bba Nonwovens Simpsonville Inc Sa v. Superior Nonwovens Llc E (2002)

Most recently applied in Bba Nonwovens Simpsonville Inc Sa v. Superior Nonwovens Llc E (August 2002)

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

(A) A complainant is entitled to recover actual damages for misappropriation of trade secrets. A material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation may render full monetary recovery inequitable and may form the basis for reducing monetary recovery.

(B) Damages may include both the actual loss caused by misappropriation or the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(C) Upon a finding of wilful, wanton, or reckless disregard of the plaintiff's rights, the court may award separate exemplary damages in an amount not exceeding twice any award made under subsection (A).

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