A trade secret is economically valuable information that is not generally known, has value to those who cannot legitimately obtain it, and has been subject to reasonable efforts to keep it secret.
Georgia has adopted the Uniform Deceptive Trade Practices Act (Act). The Act is covered under Title 10, Chapter 1, specifically in Article 15. Under Sections 10-1-372, 10-1-420 and 10-1-421 false and fraudulent advertisements are prohibited. Such forms of advertisements are treated as deceptive trade practices.
- Under the Georgia Trade Secrets Act, O.C.G.A. § 10-1-760 et seq., a claim for misappropriation of trade secrets requires a plaintiff to prove that: (1) the plaintiff had a trade secret; and (2) the opposing party misappropriated the trade secret. Penalty Kick Mgmt.
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.
To further illustrate the enumerated acts above, some specific examples of trade secret violations are: Taking home confidential information from work. Hacking a company's computer and accessing secret documents. Making copies of confidential business files.
Among other things, the UTSA: Defines the types of information eligible for trade secret protection. Sets out a private cause of action for trade secret misappropriation. Provides remedies for misappropriation, including injunctions, damages and, in certain cases, attorneys' fees.
§ 10-1-390 et seq., requires a showing that a defendant committed a volitional act constituting an unfair or deceptive act or practice conjoined with culpable knowledge of the nature, but not necessarily the illegality, of the act.
Legal ads must not contain statements that are fraudulent, deceptive, untrue or misleading.
Georgia's Fair Business Practices Act prohibits unfair and deceptive acts or practices in the marketplace. This law applies to consumer transactions involving the sale, lease or rental of goods, services or property mainly for personal, family or household purposes.
(These practices are commonly called misleading or unfair business practices.) They include false advertising, misrepresentation, tied selling, and failing to comply with regulations. Under consumer protection laws, they are illegal and can lead to compensatory or punitive damages.