Orders by courts or prosecutors to protect trade secrets

• Main Author: LIU, Kung-chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2021
• Subjects: Trade secrets; courts; Taiwan; Asian Studies; Intellectual Property Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3893; 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

Courts in Taiwan and across jurisdictions can order closed-door trials and partial publication of court decisions, as well as issuing confidentiality preservation orders to protect trade secrets from being leaked again during court proceedings. However, Taiwan leads the rest of the world by having enacted the so-called investigation confidentiality protective order by prosecutors on January 15, 2020. How has the judicial practice been implementing these orders? Does the investigation confidentiality protective order not violate the legal principle of equality of arms among parties and tip the scale against the accused defendant? Some academic discussion about these issues is warranted.