Comparative Research of Trade Secret Legal System Between Taiwan and American

• Main Authors: CHANG, SHAO-HSUAN, 張紹軒
• Other Authors: CHANG, KUO-HUA
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/thqnvy

碩士 === 國立雲林科技大學 === 科技法律研究所 === 107 === Along with the change in times and technological flourishing. National regulations will also be revised. How can companies protect the results of their research and development. The protection of intellectual property rights has become the focus of national legislation. We protect from the protection of tangible assets to the protection of intangible assets. Intellectual property is an intangible asset. Intellectual property rights include Patents, Copyright, Trademark right and Trade Secret . The latest development of Trade Secret. But unlike other kinds of intellectual property rights, the value of Trade Secret is that they can be protected as long as they meet the protection requirements. And in maintaining protection, holding costs, legal remedy, and obtaining royalties（premium）, the owner of the trade secret can obtain a more favorable position than the patent owner. Under the current social system. Taiwan and the United States have a tendency to penalize legislation to protect Trade Secret. The difference is that although we have added criminal liability in the Trade Secret law. However, if the Trade Secret is infringed, if it involves confiscation and seizure, the provisions of the Criminal Procedure Law shall apply. Compared with the United States passed the Protection of Business Secrets Act in 2016, this Act gives the owner of the trade secret a special case,and the unilateral court can claim the seizure without giving notice to the defendant, giving the trade secret more protection. We have established special law protection for trade secrets. The trade secret protection law is mainly based on the business secret law. Other legal provisions apply only if the trade Secrets Act doesn’t provide for it. With the protection of trade secrets in the United States, there are multiple levels of protection in the unified business secret law, economic espionage law and protection of business secret law. These two different ways of protection. By comparing and discussing whether there is room for improvement in the protection of trade secrets ,let the protection of trade secrets better than better.