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Tag Archives: trade secrets

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, [...]

Translation of TIPO Draft Amendments to Trade Secret Act

After the public hearing on proposed amendments to the Trade Secrets Act in late April. the Taiwan Intellectual Property Office revised its draft bill criminalizing trade secret theft.  Here is our translation. 第十三條之一 Article 13-1 意圖為自己或第三人不法之利益,或損害營業秘密所有人之利益,而有下列情形之一,處五年以下有期徒刑或拘役,得併科新臺幣五萬元以上一千萬元以下罰金: A person who, intending to procure an unlawful benefit for himself or for a third person or intending to [...]

TIPO to Hold Public Hearing on Draft Trade Secrets Bill This Friday (27 Apr.)

The Taiwan Intellectual Property Office (TIPO) released its draft bill to amend the Trade Secrets Act yesterday and announced a public hearing this Friday (27 April) at 9:30am. The hearing will be at the TIPO’s Briefing Room: 19F, No. 185 Xinhai Road Section 2, Taipei City. Please contact Peter Dernbach or Gary Kuo for further [...]

Trade Secrets Act Update: Meeting at NSC this Friday (13 April)

The Taiwan Intellectual Property Office (TIPO) announced today that it has completed a preliminary draft of its amendments to the Trade Secrets Act and that it has invited industry representatives and officials from the Ministry of Justice and the Fair Trade Commission to meet at the National Science Council to discuss the proposed amendments in [...]

Taiwan to Increase Criminal Penalties for Trade Secret Infringement

The Taiwan Intellectual Property Office (TIPO) has announced plans to add criminal penalties to the Trade Secrets Act. Currently, the Act permits victims of trade secret theft to recover damages without imposing criminal sanctions. While Taiwan’s Criminal Code (Art. 317) criminalizes the theft of industrial  commercial secrets during the course of employment, the maximum sentence [...]

 

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