Trade Secrets Act Article 14-3Jan. 15, 2020

During the investigation, if the duty of confidentiality is extinguished or if it is necessary to amend the contents of the order, the prosecutor may ex officio cancel or amend his/her investigation confidentiality protective order.

If the deferred prosecution or non-prosecution is finalized for a case or if part of the investigation confidentiality protective order is not within the scope of the prosecution, the prosecutor may ex officio or upon request by the person(s) subject to the order, cancel or amend his/her investigation confidentiality protective order.

The prosecutor cancelling or amending the investigation confidentiality protective order pursuant to the preceding two paragraphs may afford the person(s) subject to such order and the trade secret owner(s) opportunities to express opinions. The cancelling or amending disposition shall be made in writing and served upon the person(s) subject to the order and the trade secret owner(s).

After a case is being prosecuted, the prosecutor shall notify the trade secret owner(s) and the person(s) subject to the investigation confidentiality protective order of the order’s involvement in the effect of the prosecution and its scope, as well as of the rights and interests associated with the confidentiality preservation order and the investigation confidentiality protective order. The trade secret owner(s) or the prosecutor may, pursuant to the provisions of the Intellectual Property Case Adjudication Act, file a request with the court for the issuance of a confidentiality preservation order. The investigation confidentiality protective order within the scope of the prosecution shall, within the scope of a motion, lose its effectiveness on the date a ruling granting a confidentiality preservation order in investigation becomes final.

After a case is being prosecuted, if the trade secret owner(s) or prosecutor does not file a request with the court for the confidentiality preservation order within 30 days from the day the action case has been pending to court, the court may, upon request by the person(s) subject to the confidentiality protective order or the prosecutor, cancel the investigation confidentiality protective order. The investigation confidentiality protective order that is involved in the effect of the prosecution and its scope shall, within the scope of cancellation allowed for by the court, lose its effectiveness starting from the date on which a court ruling becomes final.

Prior to finalizing its ruling, the court shall consult the trade secret owner(s) and prosecutor. The ruling as set forth in the preceding paragraph shall be served upon the trade secret owner(s), the person(s) subject to the investigation confidentiality protective order, and the prosecutor.

The person(s) subject to the investigation confidentiality protective order or the trade secret owner(s) may petition the prosecutor’s ruling as set forth in Paragraphs 1 and 2. The prosecutor, the person(s) subject to the investigation confidentiality protective order, or the trade secret owner(s) may file an interlocutory appeal against the court ruling as set forth in Paragraph 5. "The provisions in Articles 403 through 419 of the Code of Criminal Procedure shall apply mutatis mutandis to the petition and interlocutory appeal procedures as set forth in the preceding paragraph.

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Trade Secrets Act Article 14Jan. 15, 2020

To try trade secrets suits, the court may establish a special tribunal or appoint a designated person(s) to administer the case. If assertions or defenses advanced by parties to a litigation relate to trade secrets, and at the request of the parties, the court may, as it deems appropriate, close the trial to the public and/or restrict access to the files of the litigation related information.

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Trade Secrets Act Article 14-1Jan. 15, 2020

A prosecutor investigating a trade secret case may, if he/she deems it necessary, issue an investigation confidentiality protective order to the suspects, the defendants, the victims, the complainants, the agents ad litem, the defense attorneys, expert witnesses, witnesses, or other associated persons having access to the investigation contents.

The person(s) subject to the investigation confidentiality protective order must not engage in the following acts in respect of the investigation contents:

1. Usage for purposes other than the investigation procedures; and
2. Revealing contents to the person(s) not subject to the investigation confidentiality protective order.

The provisions as set forth in the preceding paragraph shall not apply to the person(s) subject to the investigation confidentiality protective order who has already acquired or possessed the investigation contents prior to the investigation.

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Trade Secrets Act Article 14-2Jan. 15, 2020

An investigation confidentiality protective order shall be issued in writing or verbally. Where the order is issued verbally, the person(s) it is issued to shall be notified in person and a recordation thereof shall be made. A trade secret owner shall be afforded an opportunity to express opinions. The order in writing shall be produced within seven days.

The order in writing as set forth in the preceding paragraph shall be served upon the person(s) subject to the investigation confidentiality protective order and a notification thereof shall be made to the trade secret owner(s). Prior to serving and notification, the trade secret owner(s) shall be afforded opportunities to express opinions. This will not apply where the trade secret owner(s) has already been afforded opportunities to express opinions pursuant to the provisions of the preceding paragraph.

Where it is issued in writing, the order takes effect on the day it is served upon the person(s) subject to the investigation confidentiality protective order. Where the order is issued verbally, it takes effect at the time the notification thereof is made.

An investigation confidentiality protective order shall clearly record the following items:

1. The person(s) subject to such order;
2. The investigation contents that should be kept confidential;
3. The prohibited or restricted acts as stipulated in Paragraph 2 of the preceding article; and
4. The consequences of violating the order.

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Trade Secrets Act Article 14-4Jan. 15, 2020

A person violating an investigation confidentiality protective order shall be punished by imprisonment for up to three years, short-term imprisonment, and/or a fine of up to NT$1 million. "The preceding paragraph shall apply where the violation of the investigation confidentiality protective order occurs in other countries, China, Hong Kong, or Macau, regardless whether the offense is punishable or not under the law of the land where the crime is committed.

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