Trade Secret Protection on Globalisation Era: Study on Eu Directive and Natioanl Laws

Project: Research project

Project Details

Description

The EU directive on the protection of trade secret (Directive (EU) 2016/943, “Directive) adopted on 8 June 2016 and Member States were required to comply with the Directive by 9 June 2018. The Directive sets out what would be considered a lawful acquisition, use and disclosure of a trade secret and what would be unlawful. It also clarifies the remedies available to trade secret holders, both in terms of interim and final relief. By analyzing the challenges and difficulties encountered by EU and its member states in the development of trade secret protection, this study aims to outline the legal nature of trade secrets and emphasize the importance of reconciliation of different parties’ interests in trade secrets cases. Current legislation and legal practice concerning trade secrets in Taiwan will also be examined. Considering the fact that the unlawful acquisition, use or disclosure of a trade secret by a third party could have devastating effects on the legitimate trade secret holder, as once publicly disclosed, it would be impossible for that holder to revert to the situation prior to the loss of the trade secret. This study is of the preliminary opinion that there is no sufficient civil remedies , procedures and fast, effective and accessible provisional measures in Taiwan Trade Secret Act.
StatusNot started
Effective start/end date21-08-0122-07-31