Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesIntellectual PropertyInternational LawTrade Secrets

Trade Secrets Management In Taiwan

By Chia-Yun Lu and Jeffrey A. Pade
August 01, 2023

A company's ability to innovate, exploit, and maintain proprietary trade secrets impacts internal operations and growth, as well as, more crucially, its ability to compete in the marketplace. Recognizing the value of trade secrets, many countries have successively enacted and amended laws to strengthen the protection of corporate trade secrets. In the case of Taiwan, its Trade Secrets Act became effective in 1996 (see, Trade Secrets Act (Taiwan) (promulgated and effective on Jan. 17, 1996, last amended on Jan. 15, 2020)) and was largely modeled after the U.S. Uniform Trade Secrets Act (see, UNIF. TRADE SECRETS ACT (last amended 1985), 14 U.L.A. 1 (2021). As such, it only provided civil liability for trade secrets misappropriation. Compare Taiwan Trade Secrets Act (last amended 2020), with Uniform Trade Secrets Act (last amended 1985) (both incorporating using similar definitions for actionable trade secrets misappropriation, including for "trade secret" and "improper means).

Taiwan later revised the Taiwan Trade Secrets Act in 2013 to criminalize trade secrets theft, which Taiwanese companies recognized as a significant milestone in deterring such theft. Thus, Taiwan's passage of both civil and criminal trade secrets liability created greater awareness and recognition of trade secrets as valuable corporate assets. But Taiwanese companies needed guidance on how to maintain and manage this new type of intellectual property asset as, under Taiwan law (like that in the U.S.), corporations that own trade secrets bear the burden of maintaining their secrecy. Trade secrets management is still an unfamiliar area for many companies across Asia.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.