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The Critique Of Negative Knowledge And Unfair Competition In Taiwan, Sheng-Chen Tseng
The Critique Of Negative Knowledge And Unfair Competition In Taiwan, Sheng-Chen Tseng
Sheng-Chen Tseng
Trade secret cases pose special problems distinct from other intellectual property lawsuits because alleged trade secrets are rarely defined in advance of litigation. Perhaps the strangest theory of trade secret law is the concept of negative know-how, a theory under which an employee who resigns and joins a different business can be liable for not repeating the mistakes and failures of his or her former employer. The boundaries of the negative knowledge concepts have not been well articulated in the case law. This article first reviews the Taiwan (ROC) Statutes and theories, especially in Fair Trade Law. There is a …
Discussion Of Trade Secrets Protection Posed By Computerization, Sheng-Chen Tseng
Discussion Of Trade Secrets Protection Posed By Computerization, Sheng-Chen Tseng
Sheng-Chen Tseng
The amendment of Taiwan Trade Secret Act has not been implemented for economic espionage crimes and new types of technologies. Thus this paper indicates the suggestion for legislation after analysis of United States laws and Taiwan status quo. The purpose of the trade secret protection is to maintain industrial ethics and order in competition, encourage the invention and innovation of technologies. Taiwan has regarded the trade secret as a part of the intellectual property. The TRIP Agreement has a great influence on the Taiwan legislation, and other foreign precedents are also taken as the important reference for the Taiwan legislation. …