How can trade secrets be enforced?

In South Dakota, trade secrets can be enforced through civil litigation. This means that the owner of the trade secret can take legal action against the person or entity that misappropriated the trade secret. The owner of the trade secret must prove that the trade secret was misappropriated and that it caused economic or competitive harm. To protect trade secrets, the owner should have a written agreement with the person or entity that is handling the trade secret. This agreement should limit access to the trade secret and require the person or entity to keep it confidential. The agreement should also require the person or entity to return or destroy the trade secret when their relationship with the owner of the trade secret is complete. If someone discloses the trade secret without permission, the owner of the trade secret may be able to seek an injunction. This would stop the other person or entity from using the trade secret and can also require them to pay damages. The owner of the trade secret may also be able to seek punitive damages if it can be proven that the person or entity acted willfully or maliciously. In order to enforce a trade secret, it is important that the owner of the trade secret take steps to protect it and seek legal action when necessary.

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