| Summary: | 碩士 === 國立雲林科技大學 === 科技法律研究所 === 102 === The Intellectual Property Court was formally established on July 1, 2007 in the Republic of Taiwan and it administered complaints relating to civil litigation, criminal litigation, administrative litigation and etc. Thereafter, the intellectual property litigation had stepped into a new milestone; when two of the special laws of “The Trial Law for the Intellectual Property Cases” and “The Organization Law for the Intellectual Property Court” were legislated, addition to the old litigation procedures relating to the intellectual property litigations, the law of the intellectual trial will have the special rules regulated in various litigation procedures prevailed. In the intellectual property litigations, the protection of trade secret adopts the new system which is the secret retention order. To take care of both “Doctrine of Trial in Litigation” and “Trade Secret Protection” of the parties, whenever the court involves the “trade secret disclosure”, in order not to infringe on the trade secret so that the secrecy won’t be forfeited, how would the court make the disclosure and whom it discloses to? And how could the other party assure the counterpart’s right to allege the investigation of evidence; because the protection of litigation rights of both parties conflict, it really tests the litigation system of our country. It has not been long since the Intellectual Property Court established, the made judgments or cases regarding to the trade secret protection are insufficient. What’s the situation on the trade secret protection concept in foreign countries? This study will explore and analyze how the trade secret protection in the intellectual property litigations proceeded in other countries and which could be the reference for the secret retention order system in our country, and finally my personal view and suggestions will be proposed.
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