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Legislative Yuan bill to amend Trade Secrets Act

by Michael Fahey

In addition to the TIPO’s bill to amend Taiwan’s Trade Secrets Act, KMT at-large legislators Lee Guei-min and Chen Pi-han have introduced a bill criminalizing trade infringement. The original Chinese text of the bill is here. The bill would add one article (10-1) to the Act as follows:

第十條之一

Article 10-1

意圖為自己或第三人之不法利益或損害他人之利益,侵害營業秘密者,處五年以下有期徒刑或科或併科一百萬以下罰金。

行為人或第三人之不法利益超過第一項罰金上限著,以其不法利益作為罰金上限,不受第一項之限制。

本條之罪,需告訴乃論。

A person who, intending to procure an unlawful benefit for himself or for a third person, or intending to injure the interests of a third party, infringes on a trade secret, shall be punished by imprisonment for not more than five years, , and may additionally be fined a criminal fine of not more than NT$1 million .

If the unlawful profits of a  person who so acts or a third person exceed the maximum amount of the criminal fine in the preceding paragraph, that person’s unlawful profit shall be the maximum amount of the fine without limitation by the preceding paragraph.

Prosecution for the offense specified in this Article may be instituted only upon complaint.

Unlike the TIPO bill which caps the criminal fine at NT$50 million, the legislators would impose a penalty equal to the unlawful gain of the offendor if that gain is more than NT$1 million. However, they do not impose a minimum criminal fine.

We posted a  bilingual translation of the TIPO’s more extensive draft legislation here.

 

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