| Summary: | 碩士 === 東吳大學 === 法律學系 === 102 === Protecting secret trade is regard as the primary subject by most enterprises who expect their business for sustainable development. Therefore, the government legislated and announced Trade Secret Act which includes sixteen articles on January 17, 1996. It is worth to be mentioned that it sets up a criterion for analyzing these cases which complies with the standards of secret trade or not. People work and establish their own evaluative measures and foundations in accordance with Trade Secret Act. Over the years, people deeply understand secret trade which has complete and specific concepts. However, there are several legal loopholes in the Trade Secret Act which cause conflicts with the rights to resigning employees getting new jobs and keeping secret. Find out the holes and provide effective methods to balance the two are the goals of the study.
Based on pragmatic court decisions, the study mainly talks about the civil liability of the infringement of secret trade and divides it into six parts methodically. First of all, it introduces definitions of secret trade, purposes for why needing a protection, specific characteristics, various supporting theories and relative acts and rights such as patent and non-compete clause. You realize what secret trade means and backgrounds roughly and easily at first. Second, it categorizes lots of cases of the infringement of secret trade in details on the basis of Trade Secret Act, article 10. Third, it both involves in practices and procedures in this part. The former refers to three portions to discuss. One is removal misappropriate secret trade, another is request for a prevention and the other is liable for damage. Then, paying attention on range of compensation for damage is necessary. Additionally, offering relative evidences which has relationship with compensation for damage will be mentioned according to Trade Secret Act, article 10-1 which is supposed to be the main guideline.
Otherwise, the latter concentrates on analyze particular differences between judicial procedure for secret trade and the general one. It contains very many principles to illustrate my analyses and clarify the dissimilarities such as the trials not opening, prohibition of access case files, the privilege against disclosure, rejection of proof, injunction and perpetuation of evidence. Fourth, it displays foreign developed countries such as America, Japan and Germany made relative secret trade laws. Particularly, The Doctrine of Inevitable Disclosure offers powerful influence to develop our practical theory for attending to restraining to the right to employees who leave enterprise. Fifth, if it is in need to circumscribe former employees from getting new jobs after the limited time is over. It contains not merely the first instance and the second instance grounds of decisions but also my several opinions for providing extensive and wide discussions and broaden the field of view. The court takes it to be one of practical cases and references in the future. Eventually, there are collecting a large number of cases, analyzing numerous theories and my opinions in the last part.
I wish to contribute my best efforts to the research for secret trade. Meanwhile, holes of Trade Secret Act will repair and complete the Act. I look forward effective means to solve clashes between former employees and secret trade. Consequently, the legal system improves its drawbacks and perfects its advantages comprehensively.
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