| Summary: | 碩士 === 國立臺灣科技大學 === 專利研究所 === 107 === How to determine the amount of damages of trade secret is a problem in the lawsuit. The reason is that trade secret is secret that have little reference to the market value; and their value usually does not exist separately. In other words, it is necessary to use production and investment to produce value. In addition, if the trade secret are not used, it is difficult to estimate whether damages are caused. At present, there are not many practical cases in Taiwan; therefor, it is difficult to establish a clear system and a calculation method from the cases. Damages of trade secret is also not a main subject be studied among legal research. However, trade secret draw more and more attention nowadays, and the amount of damages of trade secret will be the key point of offense and defense in trade secret litigation.
This paper intends to disscuss how to apply the laws and practices of trade secret in Taiwan by analyzing the legal provisions of the trade secret and the cases of the US. This paper suggests that Article 13 of the Trade Secrets Act does not require to delete of an alternative request, but may introduce a reasonable royalty to reduce the plaintiff’s burden of proof. In practice, it proposes to use different calculation methods for the loss of interests in the damage and the benefits of the infringement in order to clarify the relationship between them, and timely put the reasonable royalty into the discretion of the court. This paper organize the reference factors of the US substantive cases, which can also be applied to the calculation of damages in Taiwan, so that both the plaintiff and defendant can raise the offense and defense in the court respectively. The court may also take the factors as reference to make compensation of damages of trade secret no longer hard to calculate and to reduce the difficulty of proof in the near future.
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