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2018 Georgia Code 10-1-766 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-766 Case Law from Google Scholar Amendments to OCGA 10-1-766

TITLE 10 COMMERCE AND TRADE

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

ARTICLE 27 TRADE SECRETS

10-1-766. Limitation of action.

An action for misappropriation must be brought within five years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this Code section, a continuing misappropriation by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who misappropriated that trade secret.

(Code 1981, §10-1-766, enacted by Ga. L. 1990, p. 1560, § 1.)

JUDICIAL DECISIONS

Mere suspicion of misappropriation of trade secrets insufficient.

- Because: (1) the trial court erred in holding that mere suspicion of a possible misappropriation of an employer's trade secrets by one of the employer's former employees amounted to objectively reasonable notice sufficient to trigger the running of the statute; and (2) a fact issue existed as to whether the suspicions reflected in the employer's letters to the former employee's counsel were sufficient to cause a reasonable person to investigate whether its trade secrets had been misappropriated, the trial court erred in granting the former employee partial summary judgment on the basis of the five-year statute of limitations under O.C.G.A. § 10-1-766. Porex Corp. v. Haldopoulos, 284 Ga. App. 510, 644 S.E.2d 349 (2007), cert. denied, 2007 Ga. LEXIS 498 (Ga. 2007).

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