Georgia Complaint regarding Misappropriation by Former Employee and Prospective Purchaser
Description
How to fill out Complaint Regarding Misappropriation By Former Employee And Prospective Purchaser?
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FAQ
Under the Uniform Trade Secrets Act (?UTSA?), a trade secret is defined as information that derives independent economic value because it is not generally known or readily ascertainable, and it is the subject of efforts to maintain secrecy.
Under the Georgia Trade Secrets Act, O.C.G.A. § 10-1-760 et seq., a claim for misappropriation of trade secrets requires a party to prove that (1) it had a trade secret and (2) the opposing party misappropriated the trade secret.
The limitation period for actions brought under the Fair Business Practices Act is two years. For claims of misappropriation of trade secrets, the limitation period is five years.
As stated by one court, ?The inevitable disclosure doctrine permits an employer to enjoin the former employee without proof of the employee's actual or threatened use of trade secrets based upon an inference (based in turn upon circumstantial evidence) that the employee inevitably will use his or her knowledge of those ...
Definitions. As used in this article, the term: ?Improper means? includes theft, bribery, misrepresentation, breach or inducement of a breach of a confidential relationship or other duty to maintain secrecy or limit use, or espionage through electronic or other means.
The Trade Secrets Act contains legal definitions of the terms 'trade secret', 'trade secret holder', 'infringer' and 'infringing goods'. Those terms were not previously legally defined. Following the TSD, acquisition of trade secrets through independent discovery and reverse engineering is legal.
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.
