2017-05-22
Industries and Scholars Urge for Legislation on Industrial Espionage as Draft Amendments to the Trade Secrets Act Remains under Discussion
Scholars have described industrial espionage as a national security issue that endangers Taiwan’s economy. Tai-San Chiu (邱太三), the Minister of Justice, has held relevant conferences in Hsinchu Science Park with the Investigation Bureau of Ministry of Justice, Hsinchu District Prosecutors Office, as well as industries, to discuss illegal misappropriation sanction through an amendment.
The Intellectual Property Office of MOEA held a public hearing on May 5, to provide an opportunity for public participation and comment on draft amendments to the Trade Secrets Act, which was amended once in 2013 to impose criminal liability on misappropriation of trade secret.
A consensus is reached at the public hearing that application to Secrecy Order (秘密保持命令) - limited access to trade secret during litigation in order to avoid disclosure - will be included in the draft. However, the previous proposal by the Intellectual Property Office that trade secrets infringement outside the territory of Taiwan should be indictable only upon complaint will not be included.
Officials announced that the Intellectual Property Office will continue to hold public hearing(s), and the goal is to finalize the draft amendments by the end of the year.