Technology Protection Law Coming Out, Severe Punishment to be Imposed On Illegal Acquirement of Technology Information
E020424Y4 May. 2002（E33）
Source:Economic Daily News 04/24/2002
Commercial Times 04/17/2002, 04/13/2002
Economic Daily News 04/13/2002
Translated by Corrina Wu
The Draft of Technology Protection Law drew up by the National Science Council (NSC) of the Executive Yuan came out. The Draft specifies that the competent authority shall institute a technology protection commission and any illegal conduct shall be punished with imprisonment of not more than two years, detention; in lieu thereof, or in addition thereto, a fine of not more than NT$10,000,000. The Draft includes 15 clauses, defining that the competent authority shall be the National Science Council and the scope where the law can apply covers technology-related products, know-how, R&D achievement, information and talents, regardless of whether the ownership or right to use belongs to the government or private, in order to maintain the country’s competitive power and entire economic benefits.
In order to prevent illegal conduct, making reference to the Economic Espionage ACT, EEA, Article 12 of the Draft defines that any one, who knows that the conduct would injure the right owner but still engages in any of the following conduct for the benefit of his own or another person, shall be punished with imprisonment of not more than one year; detention; in lieu thereof, or in addition thereto, a fine of NT$10,000,000:
1. Acquiring, possessing or concealing technology by theft or in an unauthorized manner, or acquiring technology in a deceptive, false or fraudulent manner;
2. Photocopying, painting, photographing, altering, damaging, reproducing, transmitting or delivering technology without license;
3. Receiving, purchasing or possessing technology which he knows is acquired or transferred by theft, misappropriation or without license.
The competent authority shall take economic circumstance, technology standards and technology resource in various districts into consideration when drawing up the protection mechanism. For example, the competent authority may take the Wassenaar Agreement into consideration and adopt different controlling measures depending on different districts or countries where the goods and technology are imported.
