Proposed amendments to the Intellectual Property and Commercial Court Organization Act (智慧財產及商業法院組織法) yesterday passed their third reading in the Legislative Yuan.
According to the changes, all first appellate court trials on the alleged theft of technology considered critical to national security would be handed to the Intellectual Property and Commercial Court.
Specifically, the court’s jurisdiction would extend to first trial cases for alleged contraventions of Article 13-1 of the Trade Secrets Act (營業祕密法), as well as all related civil lawsuits, and second trial cases on alleged breaches of the Trade Secrets Act.
Photo: Ann Wang, Reuters
Contravention of the acts in foreign territories, including China, Hong Kong or Macau, would be considered eligible for prosecution under the intellectual property and commercial court organization act, the amendments say.
The proposed amendments are in line with amendments to Article 18 of the National Security Act (國家安全法), approved on June 8 last year, which considers trade secrets a part of national security.
A previous amendment to the act on Jan. 12 states that contravening an investigation confidentiality protective order would no longer observe the principle of “no trial without complaint,” and that offenders could face up to five years in prison and a fine of NT$3 million (US$98,441).
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