A Study on Criminal Conviction Rates of the Trade Secrets
| Autor: | WU,PEI-JUNG, 吳佩蓉 |
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| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 Due to the rise of the concept of intellectual property, the Trade Secrets Acts in many countries have been amended many times. The Republic of China Trade Secret Act (hereinafter referred to as this Act) was promulgated in 1996. Some offenses are only punishable by criminal liablilties, such as Offenses of Larceny, breach of trust, or Against Privacy. In recent years, there are several cases which resigned employees are involved in trade secret infringements with their original companies. These trade secret infringement cases will affect important research and development achievements of industries and disrupt fair competitive orders, which are related to economic improvements and creation abilities, and case seriously damages to international competitiveness of our country. In order to strengthen trade secrets protections, maintain economic developments, fair competition orders and public interests, the Legislative Yuan amended this Act on January 30, 2013 and added provisions on criminal liabilities for infringements of trade secrets and aggravating criminal liabilities for extraterritorial uses. Although there are criminal penalties in this Act, the definition of the trade secrets elements is still unclear. It results in many disputes.Prosecutors Offices have difficulties in investigating and prosecuting and also make difficulties in trials. These make conviction rates for trade secret infringements that are not high enough to deter violations effectively. In this thesis, we will analyze the reasons for low conviction rates of the criminal penalties in this Act by evaluating trade secrets of other countries about legal norms and practices of criminal laws, and by analyzing the results of actual judgments with quantitative method in Taiwan. Finally, we will discuss how to improve criminal trade secret infringement conviction rates and propose adjustments of legal policies in Taiwan. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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