South Carolina Statutes
§ 39-8-40 — Recovery of actual damages; exemplary damages.
(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 ri
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South Carolina § 39-8-40 (Recovery of actual damages; exemplary damages.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
HISTORY: 1997 Act No. 38, SECTION 1, eff May 21, 1997.
Nearby Sections
13
§ 39-8-10
Short title.§ 39-8-100
Criminal proceedings; finding of disclosure of trade secrets; issuance of protective order.§ 39-8-120
Severability.§ 39-8-130
Retroactive application of chapter.§ 39-8-20
Definitions.§ 39-8-30
Trade secrets; employees' obligation to refrain from disclosing; civil actions and remedies.§ 39-8-60
Preservation of secrecy during discovery proceedings of civil actions; substantial need defined.§ 39-8-70
Time limit for bringing action.§ 39-8-80
Bad faith; award of attorney's fees.