(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.
HISTORY: 1997 Act No. 38, Section 1, eff May 21, 1997.
Structure South Carolina Code of Laws
Section 39-8-40. Recovery of actual damages; exemplary damages.
Section 39-8-50. Injunctions against actual or threatened misappropriations.
Section 39-8-70. Time limit for bringing action.
Section 39-8-80. Bad faith; award of attorney's fees.
Section 39-8-90. Persons guilty of stealing trade secrets; criminal penalties.