Terms Used In South Carolina Code 39-8-130

  • Misappropriation: means :

    (a) acquisition of a trade secret of another by a person by improper means;

    (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

    (c) disclosure or use of a trade secret of another without express or implied consent by a person who:

    (i) used improper means to acquire knowledge of the trade secret; or

    (ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:

    (A) derived from or through a person who had utilized improper means to acquire it;

    (B) acquired by mistake or under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

    (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

    (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. See South Carolina Code 39-8-20
This chapter does not apply to a misappropriation occurring before July 1, 1997, or a continuing misappropriation that began before July 1, 1997.