2017 South Carolina Code of Laws
Title 39 - Trade and Commerce
CHAPTER 4 - ABUSIVE ASSERTIONS RELATING TO INTELLECTUAL PROPERTY
Section 39-4-130. Authority of Attorney General; civil penalties; bond.

(A) The Attorney General has the same authority under this chapter as provided in Chapter 5, Title 39, to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, which include actions for injunctive relief or civil penalties.

(B) For purposes of this chapter, if a court finds that a person wilfully violated the provisions of this chapter, and the person committing the violation knew or should have known that its conduct was a violation of this chapter, the Attorney General, upon motion to the court, may recover on behalf of the State a civil penalty not to exceed fifty thousand dollars for each violation.

(C) Upon motion by the Attorney General and a finding by the court that the Attorney General has established a reasonable likelihood that a person has violated Section 39-4-120, the court may require the person to post a bond in an amount equal to an amount reasonably likely to be recovered pursuant to subsection (A), conditioned upon payment of any amounts finally determined to be due to the Attorney General. A hearing must be held if either party so requests. A bond ordered pursuant to this chapter shall not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if it finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

(D) This chapter shall not be construed to limit the rights and remedies available to the State or to any person under any other law and shall not alter or restrict the Attorney General's authority with regard to conduct involving assertions of patent infringement.

HISTORY: 2016 Act No. 261 (H.3682), Section 2, eff July 1, 2016.

Repeal

Chapter 4, Title 39 repealed as of July 2, 2021 unless reauthorized, see Section 39-4-150.