Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 10-1-763 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-763 Case Law from Google Scholar Amendments to OCGA 10-1-763

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 27 TRADE SECRETS

10-1-763. Recovery of damages.

  1. In addition to or in lieu of the relief provided by Code Section 10-1-762, a person is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.If neither damages nor unjust enrichment caused by the misappropriation are proved by a preponderance of the evidence, the court may award damages caused by misappropriation measured in terms of a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret for no longer than the period of time for which use could have been prohibited.
  2. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this Code section.
  3. In no event shall a contract be required in order to maintain an action or to recover damages for misappropriation of a trade secret.

(Code 1981, §10-1-763, enacted by Ga. L. 1990, p. 1560, § 1.)

JUDICIAL DECISIONS

Summary judgment denied.

- Summary judgment was unwarranted on the misappropriation of trade secrets and unfair trade practices claims under Georgia statutory and common law because defendant software developer failed to timely provide plaintiff software developer with discoverable information about the PA system and, therefore, the court could not say that genuine issues of material fact did not exist. TDS Healthcare Sys. Corp. v. Humana Hosp. Ill., Inc., 880 F. Supp. 1572 (N.D. Ga. 1995).

Despite a corporation incorporator's testimony that there was "probably nothing" the corporation had which derived its competitive value from not being generally known and not being readily ascertainable by proper means, sufficient evidence was presented from which a jury could find that the computer software the corporation's president developed for the corporation satisfied the definition of a trade secret under the Georgia Trade Secrets Act of 1990, O.C.G.A. § 10-1-760 et seq., to withstand a motion for summary judgment. Insight Tech., Inc. v. FreightCheck, LLC, 280 Ga. App. 19, 633 S.E.2d 373 (2006).

Pleading.

- There is no requirement in O.C.G.A. § 10-1-763 that punitive damages be specifically asked for in the complaint, and exemplary damages may be awarded in the absence of such a request, if the evidence shows that willful and malicious misappropriation existed. Brandenburg v. All-Fleet Refinishing, Inc., 252 Ga. App. 40, 555 S.E.2d 508 (2001).

Cited in White v. Arthur Enters., Inc., 219 Ga. App. 124, 464 S.E.2d 225 (1995); Camp Creek Hospitality Inns, Inc. v. Sheraton Franchise Corp., 130 F.3d 1009 (11th Cir. 1997).

RESEARCH REFERENCES

ALR.

- Applicability of inevitable disclosure doctrine barring employment of competitor's former employee, 36 A.L.R.6th 537.

No results found for Georgia Code 10-1-763.