| Summary: | 碩士 === 國立交通大學 === 科技法律研究所 === 106 === Owing to the intangibility and non-exclusivity, the misappropriation of trade secrets does not necessarily accompany the tranfer of property or benefits of use. Therefore, the damages could not be easily calculated. The calculating methods stipulated in Article 13 of Trade Secrets Act seem to be definite at first glance, however, the relation between each method is not clear. Furthermore, the Article stipulates that “party may choose any of the following provisions”, and there is no method reasonable royalty, both of which lead to questions in the application. Trade secret are not registered in public domain as patent, and thus it is hard to identify the causation between the misappropriation and damages. The practice in our country rarely discussed the aforesaid problems either.
By comparing the trade secrets regulations in the United States, this thesis aims to point out the problem in our legal system. Furthermore, by studying trade secrets cases in Taiwan, this thesis exams the issues in our courts’ practice, and further integrate the theory into practice. At last, this thesis also interviews professionals in the industry, and provide useful and practical suggestions for future law amendment to protect trade secrets, maintain industrial ethics and order in competition.
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