Tag Archives: trade secrets

Exploring statistics at the Taiwan Intellectual Property Court: part II litigation

After taking a look at the caseload of Taiwan’s Intellectual Property Court (“IP Court”) in part one, we now focus on the number of litigation cases and trends over time. Number of litigation cases closed “Closed case” means a case decided at the IP Court, regardless of whether the decided case was subsequently appealed or not. [...]

Exploring statistics at the Taiwan Intellectual Property Court: part I overview

Since its inception in 2008, the Intellectual Property Court (“IP Court”) has heard thousands of civil, criminal and administrative actions concerning Intellectual Property Rights (“IPR”). In part one of this report, we examine statistical data from multiple sources*, shedding light on the operations of the IP Court over the past twelve years. The IP Court [...]

Best practices to avoid trade secret theft

For companies taking a long-term view of protecting their intellectual property rights, trade secrets may offer an appealing alternative to a patent-based approach. Each option comes with its own tradeoffs. A patent provides its owner with an enforceable monopoly on the patented innovation, but only for a limited time, after which the owner will lose [...]

Amendments to Trade Secrets Act proposed

The Taiwan Intellectual Property Office (“TIPO”) has recently held a series of public hearings on proposed amendments to Taiwan’s Trade Secrets Act (the “Act”). The amendments under discussion include provisions that would give foreign corporations standing to bring private prosecutions for trade secret misappropriation and extend trade secret protection to foreign nationals from jurisdictions that [...]

Executive Yuan approves bill to amend Intellectual Property Adjudication Act

Taiwan’s Executive Yuan has approved a bill to amend three articles of the Intellectual Property Adjudication Act (IPAA). The bill was drafted based on recommendations by the Judicial Yuan’s Committee on Trial Procedures for Intellectual Property Cases. In addition to some minor technical changes, the bill clarifies that Technical Examination Officers may “provide assistance” in [...]

Taiwan Legislature enhances criminal penalties for trade secret misappropriation

Taiwan’s Legislature has passed a much-anticipated bill introduced by the Executive Yuan to amend the Trade Secrets Act. The bill seeks to close loopholes in the definition of trade secret misappropriation and to enhance criminal penalties. Misappropriation of trade secrets is now punishable with imprisonment of up to five years and fines of between NT$1 to [...]

Executive Yuan Submits Priority Bills to Legislature

Amendments to the Trade Secrets Act are among the 40 priority bills the Executive Yuan has submitted or plans to submit for consideration during this session of Taiwan’s Legislative Yuan. The proposed amendments to the Trade Secrets Act will be submitted in October and include expansion and revision of the regulations regarding responsibility for trade [...]

Highlights of Draft Taiwan IPO Trade Secrets Bill

After a further round of revisions to its draft bill to enhance criminal penalties for trade secret misappropriation, the Taiwan Intellectual Property Office submitted the bill to the Executive Yuan in mid-August where it is currently being reviewed. If approved, the Executive Yuan will send the bill to the Legislature where it enjoys broad support. [...]

Legislators hold public hearing on criminalization of trade secret infringement

The Chinese-language United Daily News reports that KMT legislators Lu Hsueh-chang (Hsinchu) and Lee Guei-min (at-large) held a public hearing last week to solicit views on proposals to criminalize trade secret infringement. Industry representatives at the hearing broadly supported criminalization. The Ministry of Justice and the Judicial Yuan said that while they were open to the [...]

Legislative Yuan bill to amend Trade Secrets Act

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, [...]