The criminal punishment for trade secret theft and economic espionage in Taiwan

• Main Author: LIU, Kung-Chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: criminal punishment; trade secret; with the intension of using the trade secret abroad; Asian Studies; Criminal Law; Intellectual Property Law; Science and Technology Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3837; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99517041802601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&tab=Everything&query=any,contains,Trade%20secret%20protection:%20Asia%20at%20a%20crossroads&offset=0
• Institution: Singapore Management University

By resorting to (increased) criminal punishment, it is hoped to deter real perpetrators from committing trade secret theft and economic espionage, while at the same time maintains an environment friendly towards employee mobility and the setting up new start-ups. The legal issues involved are how to determine “with the intension of using the trade secret abroad” in order to find economic espionage, to what extent shall corporates be held liable for employees who have taken their former employers’ trade secrets inadvertently or carelessly along with them?