|Trade Secrets Act Article 13-1Jan. 15, 2020|
Any person committing an act falling under any of the following circumstancesfor the purpose of an illicitgain for himself/herself or for a third person, or inflicting a loss onthe holder of a trade secret shall be sentenced to a maximum of 5 years imprisonment or short-term imprisonment, in addition thereto, a fine between NT$1 million and NT$10 million may be imposed:
1. Acquiring a trade secret by an act of theft, embezzlement, fraud, threat, unauthorized reproduction, or other wrongful means, or using or disclosing a trade secret so acquired.
An attempt to commit a crimespecifiedin the preceding paragraph is punishable. "In case a fine is to be imposed, if the gain obtained by the offender exceeds the maximum fine, such fine may be increased within the extent of 3 times of the gain.
|Trade Secrets Act Article 13Jan. 15, 2020|
An injured party may choose any of the following provisions to request for damages in accordance with the preceding Article:
1.To make a claim based upon Article 216 of the Civil Code. However, if the injured party is unable to prove the amount of damages, the party may take as damages the amount of profits normally expected from the use of the trade secret minus the amount of profits earned after the misappropriation; or
Based on the provisions set forth in the preceding paragraph, if an act of misappropriation is found to be intentional, the court may, at the request of the injured party and by taking into consideration the circumstances of the misappropriation, award an amount greater than the actual damages, provided that the amount shall not exceed three times the amount of the proven damages.
|Trade Secrets Act Article 13-2Jan. 15, 2020|
Any person committing a crime prescribed in the first paragraph of the preceding article for the purpose of using the trade secretin foreign jurisdictions, mainland China, Hong Kong, or Macau shall be sentenced to imprisonment between 1 year and 10 years, in addition thereto, a fine between NT$3 million and NT$50 million may be imposed.
An attempt to commit a crimespecified in the preceding paragraph is punishable.
In case a fine is to be imposed, if the gain obtained by the offender exceeds the maximum fine, such fine may be increased within the extent of 2 to 10 times of the gain.
|Trade Secrets Act Article 13-3Jan. 15, 2020|
Prosecution for a crime specified in Article 13-1maybe instituted only upon a complaint.
The filing or withdrawal of a complaint against one of several co-offenders shall not be considered to be a filing or withdrawal ofacomplaint against the others.
In case a civil servant or a former civil servant who knows or possesses others’ trade secrets within the scope of his/her authority or employment and intentionally commits a crime prescribed in the preceding 2 articles shall be sentenced to the punishment prescribed for such an offense by increasing it up to one half.
|Trade Secrets Act Article 13-4Jan. 15, 2020|
Where the representative of a juristic person, the agent,employee or any other staff of a juristic person or natural person commits any of the crimes prescribed in Article 13-1 or 13-2 in the course of business, not only the actor,but the juristic person or the natural person shall be punished with the fine prescribed in the Article. However, if the representative of a juristic person or natural person has done his/her utmost to prevent a crime from being committed, the juristic person or natural person shall not be punished.
|Trade Secrets Act Article 13-5Jan. 15, 2020|
An unrecognized foreign juridical person may file a complaint, initiate a private prosecution, or institute a civil suit in respect of matters governed by this Act.
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Provided by Kingdoms Law