JONES DAY PRESENTS®: Trade Secret Enforcement in Taiwan
Taiwan's Trade Secret Act provides for both civil and criminal liabilities in trade secret matters. Jones Day partner Po-Chien Chen talks about the potential penalties for trade secret violations and, notes that much like in the U.S., a four-factor test is used in ruling on a request for an injunction in Taiwanese trade secret matters.
Read the full transcript below:
In Taiwan, we have a Trade Secret Act. This law provides a lot of civil and criminal liabilities. So especially that if people intend to use this trade secret being misappropriated or stolen in a foreign jurisdiction, especially in mainland China. Here, the offense will go more serious. For example, if people are using the trade secret being stolen or misappropriated in Taiwan, he or she should be sentenced up to five years. But if people would like to use this trade secret information in mainland China or in other jurisdiction, the imprisonment will go up to 10 years.
The remedy people get in the Taiwan court will not as high as the remedies in the US, but we do have this mechanism or the system that just like the US, if this offense is based on the intentional act, then the remedies can go three times of the confirmed damages. We do have these kind of injunction system in Taiwan. The requirement is similar to the US, the four factor test, then if someone can just establish or prove to the court that it passed the four factor test, then the court will give you the injunction.
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