28
Mar
ECCT Technology Committee Lunch: Update on Taiwan's Trade Secrets Act
- 本活動已經結束。
ECCT TECHNOLOGY COMMITTEE LUNCH
Update on Taiwan's Trade Secrets Act
Implications for business of recent changes to the Trade Secrets Act
Vincent Wang, Integrated Partner, Tsar & Tsai Law Firm
Janice Lin, Partner, Tsar & Tsai Law Firm
In order to strengthen the protection of trade secrets and the international competitiveness of the business based in Taiwan with intellectual property and technology driven business models, Taiwan's Legislative Yuan passed amendments to the Trade Secrets Act (TSA) on 11 January 2103. The latest TSA amendments impose criminal liabilities on persons who acquire, use, or disclose trade secrets by improper means (eg theft, fraud, coercion, bribery or unauthorized reproduction). Under the amended TSA, a person who has committed the said criminal acts will be punished with imprisonment of up to five years and will be fined not less than NT$10 million. In addition, if the criminal benefits gained by the person through the said criminal acts exceed the maximum amount of the criminal fine (NT$10 million), the fine may be increased by up to three times the amount of the gained benefits. Moreover, the amended TSA has tightened said criminal liability and increased the fines on the cross-border out flow of trade secrets in violation of the TSA.
The amended TSA will have important impacts on the protection of the trade secrets of Taiwan industries as well as foreign companies operating in many sectors of Taiwan's economy. In this special luncheon, our speakers will give an overview of the main drivers and content of the latest amendments, and an in-depth analysis of the implications and challenges the amendments will have for businesses operating in Taiwan.
About Vincent Wang
Vincent Wang is an Integrated Partner with the Tsar & Tsai Law Firm. He is a litigator specializing in civil litigation, criminal defense, commercial disputes, banking regulations, labour and employment litigation, fair trade law and administrative litigation. Given his background in financial law and international business, he brings to his litigation practice a business-oriented point of view. He has represented several publicly-traded companies and multinational corporations in their disputes relating to international investments, labour, cross-border transfer of goods and merchandise, insurance claims, government procurements and construction defects. He has also been the counsel for Taiwan's largest financial holding company on corporate and banking regulations. He has been admitted to the Bar (as a licensed attorney) in Taiwan.
About Janice Lin
Janice Lin is a Partner with the Tsar & Tsai Law Firm. She is a specialist in legal aspects related to foreign investment, cross-border transactions, M&A and capital markets. She has extensive experience in representing multinational corporations in their investments in Taiwan including acquisitions, financing, regulatory approval, intellectual property rights, trade secret protection and employment related matters. She has advised many domestic and multi-national banks, securities firms and foreign funds on compliance and data privacy issues as well as implementing new technology. Lin is a frequent guest speaker at industry associations and forums on corporate governance and financial industry topics. She has been admitted to the Bar (as a licensed attorney) both in Taiwan and New York in the United States.