| 英文摘要 |
After its amendment in 2013, the Trade Secrets Act of Taiwan introduced criminal penalties for acts that infringe upon trade secrets under Article 14-1. Although this design of subsidiary criminal law seems to align with the contemporary trend in our country, it still raises the question of whether the state’s administrative regulation excessively relies on criminal law. On the other hand, the discussion on the secrecy requirement, one of the three elements of trade secrets, has recently faced challenges regarding the“reverse engineering defense.”This perspective has been acknowledged by legal doctrines in the United States and Germany, as well as some judicial practices in our country. Overall, this article agrees that reverse engineering can serve as a defense for the secrecy requirement. However, regarding this recent development, it seems that our judicial practices still need to accumulate more judicial decisions to establish a clearer direction for future disputes in trade secret litigation. |
