Application of the Elements of Stealing Digital Trade Secrets
| Autor: | CHEN, YU-LING, 陳泑伶 |
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| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 Due to the rapid development of information technology, modern enterprises are able to store business secrets in computers, mobile storage devices and even the cloud by digitizing large amounts of data in order to achieve high efficiency, high convenience and low cost business operations. However, it is accompanied by the fact that these digital business secrets are under extremely high risk of leakage. Therefore, The Trade Secret Act of Taiwan added Article 13-1 in 2013 to regulate the behavioral patterns of four kinds of infringements of business secrets that may exist in the practice and to use criminal responsibility. It is hoped that this can be used to fill the gaps in the criminal law and achieve deterrence. The effect of the violation of business secrets. Although this amendment helps to fill the gaps in criminal law to regulate such crimes, it is based on the foreign law legislations such as the United States, Germany, and Japan at the beginning of the legislation, and it does not clarify the protection of criminal liability under the business secret law. There are many confusions about the requirements or the doubts about stacking the bed. In view of this, this article starts from the basic theory of protecting legal interests, and based on the nature of business secrets and the punitive nature of infringement of business secrets, it is considered that Article 13-1 of the Trade Secret Act should protect the personal property interests of individuals and accordingly Taiwan's practice discusses and analyzes the application of law in the case of stealing the digital business secret law, as a reference for the review and revision of the criminal norms of the Trade Secret Act of Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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