Identification of Business Secret Protection and Analysis of Court Judgment Practice
| Autor: | 吳岱臻 |
|---|---|
| Rok vydání: | 2018 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 106 In recent years, there have been many cases of business secret leaks and job-hopping incidents in Taiwan by current or former employees of the benchmark enterprise. In the case of global talent circulation, companies often use irresistible high salaries to attract talents. For employees, this may give the most leverage for them to discuss terms of the career plan. Therefore, there is a tendency to “go together” or “stay together”, which has an impact on the company. For the company, in the face of international talent competition, how to retain talents, as well as how to protect business secrets and core assets have become the most important issue for business operators. In the field of intellectual property, the protection of business secrets has gradually become a core issue besides patents, trademarks, and copyrights. It includes mutual accusations of poaching employees between enterprises, as well as differences in perceptions of rights and obligations between companies and former employees. Many high-tech companies are involved, which also extends to international business competition. The confirmation of business secrets (specific confidential objects) and the adoption of reasonable confidentiality measures are the two major key points for protecting business secrets, as well as the core basis for litigation evidence. This paper explores the internal management system of the industry through the development trend and theoretical opinions of the relevant judgments of Taiwan courts, as well as what reasonable confidentiality measures should be taken for the holders of business secrets. Moreover, it identifies the kind of information that is required for the protection of business secrets, and establishes the sound management system based on it. Based on the requirements of the Business Secrets Act for “confidentiality measures”, confidentiality contracts are used to make persons with access to business secrets subject to the obligation of confidentiality. There are several common forms of confidentiality. This paper proposes to bring the act of simply bringing out business secrets to foreign countries into the scope of punishment, which has not been included in the scope of punishment. It is suggested that in addition to the law amendments, in order to avoid the business secrets being easily stolen and utilized, each company should establish the complete confidentiality protection mechanism for business secrets. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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