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The 2016 Taiwan-EU Seminar on Trade Secrets successfully concluded

  • Date Posted:2016-09-26
The 2016 Taiwan-EU Seminar on Trade Secrets successfully concluded
The 2016 Taiwan-EU Seminar on Trade Secrets successfully concluded

Held by TIPO in conjunction with EETO and EBRC, the 2016 Taiwan-EU seminar on trade secrets took place on September 21. Invited to speak at the event were DG Trade Policy Officer Jorg Weberndorfer of the European Commission, Head Prosecutor Jan Østergarrd from Denmark, and Ms. Elizabeth Jones from the UKIPO’s Copyright & IP Enforcement Directorate. The speakers shared their thoughts on trade secret laws and enforcement with Taiwan’s judges, prosecutors, policemen, investigators, the private sectors, as well as scholars and experts. The seminar was very well received by over 250 people comprising respective government officials, enforcement officers, and industrial representatives.
During the seminar, the EU representatives gave in-depth reports on the EU’s Trade Secrets Directive, prohibition of business strife for workers and its impact, how to identify potential trade secrets, how to calculate damages, as well as maintaining confidentiality throughout the entire course of litigation. In addition, the EU IP expert stationed in China reported on the country’s current trade secret protection and enforcement, which led to engaging discussion and feedback among attendees. In turn, the Taiwan side gave an overview of its trade secret legal regimes and practices, followed by representatives from local industries addressing the challenges they encounter in terms of protecting their trade secrets. These challenges include key elements to identifying potential trade secrets in litigation, filing a request for damages, as well as keeping confidentiality during litigation. Through dialogues and experience sharing, this seminar provided respective industries with the prospect of more comprehensive trade secret protection.
As a result of burgeoning globalization of cloud information, digital technology, and high turnover rate, the risk of trade secret infringement is on the rise. The fruits of many corporations’ R&D efforts are mercilessly plucked, and the order of fair market competition is thereby disrupted. Faced with this growing threat, countries around the world over the past few years have made various adjustments to their laws on trade secret protection in order to effectively deter trade secret infringement. In 2013, Taiwan amended its Trade Secrets Act to add criminal liability and impose heavier criminal penalties for trade secret misappropriation in foreign jurisdictions. This amendment aims to increase the industry’s overall competitive edge and prevent trade secret leakage among corporations that could negatively impact the nation’s economic growth. Taiwan’s trade secret legal regime has since been made more comprehensive so that enforcement and protection work can be carried out more effectively.