Research on the Criminal Norms of Trade Secrets Trespassing
Date Issued
2015
Date
2015
Author(s)
Rao, Jhuo-Ya
Abstract
Trade secret law had been added criminal norm at 1 of Article 13 in 2013. Although there have more comprehensive protection of trade secrets, but it arised some new problems. For instance, what’s the criminal norm’s legally protected interest? Whether the scope of the elements of the crime are too excessive﹖what are the differences between trade secret law §13-1 and criminal law §317﹖ This article will focus on a basic question in the beginning: what’s secret? what are the differences among secret、private and the right to privacy? After the discussion about the differences between secret and privacy, We could conclude that the most important element of secret is based on “intentional hidden behavior”.After that, this article will set up the confidentiality system to analyse trade secret. The Confidential Secrets are professional、collective and have pledge of silence. The most different between Confidential Secrets and Pivacy is the personality element. Privacy is based on personality matters, but Confidential Secret could expand to All matters other than personality. When it comes to the “Reasonable Efforts to Maintain Secrecy”, it is one of the element of the trade secret. But it is very difficult to judge in the judicial practice. This article conclude that the “Reasonable Efforts to Maintain” must be complied with：intentional hidden behavior and Pledge of Silence. At last, this article analyzes the trade secret law Article 13of 1, and compares with Criminal Law Article 217。Trade Secret must have Competition System, it does not require current profit, as long as the future of, potential economic benefits can be.
Subjects
Trade Secret
Pledge of Silence
Reasonable Efforts to Maintain Secrecy
Risk Criminal Law
Competition system
SDGs
Type
thesis
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