| Summary: | 碩士 === 國立成功大學 === 法律學系 === 103 === Trade secret is a kind of tacit knowledge that is of great value and yet voluminous to be subject to infringement so it should be protected in order to safeguard the owner’s interests and maintain industrial ethics and order in competition. In Taiwan, in recent years, the high-tech industry suffers trade secret infringements by former employees whose ex-employees misappropriate the fruit of research and development and then illegally compete with ex-employers. Via the civil remedies of trade secret infringements, the injured party may sue for the removal of such misappropriation, damages, even sue for imposition of punitive damages on the infringing party. In addition thereto, the courts can issue preliminary injunctions under the Code of Civil Procedure to diminution the losses of the injured party in case trade secret leaked or used further. This study would provide some following advice. First, this study provides in-depth analysis on how to enhance the Taiwan Trade Secrets Act and Intellectual Property Case Adjudication Act. Secondly, with respect to punitive damages and preliminary injunctions under the Trade Secrets Act, this study offers some amendments and explanations. Finally, Taiwan law may model the American common law to clarify the controversies of Trade Secrets Act.
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