營業秘密保護—亞洲何去何從國際學術研討會

▸日期：2020年12月7日（週一）

▸地點：台大法學院霖澤館第一會議室(7樓，1701室)（全程英語，不提供同步翻譯）

▸主辦單位：

新加玻管理大學亞洲智慧資產及法律應用研究中心

德國馬普創新與競爭研究所

台大法學院科技、倫理與法律研究中心

台灣智慧財產法學會

▸報名網址：https://docs.google.com/forms/d/e/1FAIpQLSfM6NLTK9w7FQR5OU4u2K5AG7nk1wOQ09Uh7cdmLnhMAoif3w/viewform

▸研討會簡介： Trade secret protection law has been an important complement to patent law and gained increasing importance over the last two decades, not the least in Asia, due to the staggering commercial values of trade secrets, fierce cross-border commercial competition and “large scale global labour mobility ”. Thus far, no systematic study of trade secret protection law of major Asian jurisdictions has been made, except a recent publication that deals with China, Japan and Korea and one volume that deals with Korea and China . More importantly, major Asian countries are now at a crossroads as one after another (Japan, Korea, Taiwan and even the PRC) they are following the US approach in criminalizing trade secret infringement. This trend, if unchecked, might have ramifications over major Asian jurisdictions that are of common law tradition. This conference will provide detailed analysis of the statutory and case law in the PRC, Japan, Korea, Thailand and Taiwan (civil law tradition), Hong Kong, India, Malaysia, and Singapore (common law tradition). In addition, EU and German trade secret protection law will be included to serve a benchmark and alternative to the US model. The conference strives to give a clear overview of national laws and practices of the six suggested topics under examination in respective jurisdictions: the requirements of trade secret, the validity and scope of confidentiality and/or non-competition clauses, the burden of proof for trade secret and infringement and its reversal, the order for protecting the secrecy of trade secret during prosecution and trial, the damages, and the criminal punishment for trade secret infringement ( or whether jurisdictions such as India, HK, Singapore are or should be considering adopting one, and why or why not?)Each country reports allow some flexibility as each jurisdiction may differ from one another. In addition, to benchmark against the EU model, there will be one report on the overview of the European law as stemming out from the Trade Secrets Directive with examples of its transposition in certain countries (especially Germany but also France).

▸研討會議程：

https://drive.google.com/file/d/1567wXbYzRN9XjY0ALebx8cbNHI6Av2-t/view?usp=sharing