| 英文摘要 |
Trade secrets are the lifelines of small and medium-sized enterprises. Therefore, whether the related legal protections are adequate and comprehensive are extremely important for the said enterprises. After a comparison of the trade secret-related legislations in the US, EU, France, Germany, Korea and Taiwan, we found that the global civil protections for trade secret do not vary much. However, the legislations in the EU, France, and Germany stipulate exceptions of protections, which can be used as our future reference. Although Taiwan, US, and Korea all have criminal regulations, their determinations of corporate liability are different. Since our legislation is more similar to that of Korea, the author opined that we may add exemption clauses by referring to the Korean laws, accompanying with the Article 188 under the Civil Code. As for the ownership of the right to file complaints, the author opined that it shall belong to only the owner or exclusive licensee of the trade secrets. Nonetheless, there’s still room for discussion and adjustment about whether the trade secret is a right or an interest. |
