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ARTICLE · 04 APRIL 2001

Non-Disclosure Agreements In South Carolina

United StatesIntellectual Property
Michael A Mann Esq
Michael A Mann Esq

There are three ways to protect an idea: by telling no one, by getting a patent on it, and by contract. As a practical matter, telling no one guarantees that the owner of the secret will not make a lot of money with the idea. Patents, on the other hand, are not available for protecting every idea and, when they are available, take time to get. A contract, on the other hand, can be quickly used in circumstances where a disclosure of an idea is necessary, but no patent rights exist to protect it. Contracts to hold ideas and related information in confidence are called "non-disclosure agreements" or "confidential disclosure agreements".

Many states have enacted the Uniform Trade Secrets Act that generally provides for remedies for misappropriation of trade secrets by employees and others. South Carolina, one of these, enacted the South Carolina Trade Secrets Act on July 1, 1997. This act has "teeth"; that is, it provides a range of remedies for misappropriation of trade secrets but

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