A Workshop On the Legal System of Trade Secret　Protection Of Trade Secret Should be Positioned On the Benefit Rather Than the Right Of the Enterprise

E030912Y4 Oct. 2003（E47）

   Intellectual Property Office of Ministry of Economic Affairs, R.O.C. recently held a workshop on the legal system of trade secret to discuss the application of Trade Secret Act and Fair Trade Law, as well as the issue that whether the criminal and other administrative liabilities should be added. Upon the legislation of the Trade Secret Act, it was considered the special law of the Civil Code, which merely stipulates the civil responsibility. Other criminal and administrative responsibilities are applicable to the current Criminal Code and the Fair Trade Law. For instance, anyone who malevolently steals trade secrets is required to be punished.

   Whether the Trade Secret Act should be positioned on the “right” or “benefit” at the beginning of legislation has caused intensive debates.  Supporters for “right” position believe that clearly defining the authority, the application and the punishment of Trade Secret Act will provide the infringed businesses with a more complete and perfect protection. Supporters for “benefit” position believe that trade secret is merely part of unfair competition, the purpose of which is to maintain the competition order. If the Trade Secret Act is given exclusive rights, it will cause the patent system to collapse. Besides, the protection of trade secret in other countries is not given the exclusive rights as patent owners enjoy, either.
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