Dissertation/ Thesis
A Discussion of Non-Set Pledge and Non-Enforcement for the R.O.C. Trade Secrets
| العنوان: | A Discussion of Non-Set Pledge and Non-Enforcement for the R.O.C. Trade Secrets |
|---|---|
| Alternate Title: | 我國營業秘密禁止設質及供強制執行之探討 |
| المؤلفون: | CHOU, HUNG-MING, 周宏明 |
| Thesis Advisors: | TSENG, SHENG-CHEN, 曾勝珍 |
| سنة النشر: | 2019 |
| المجموعة: | National Digital Library of Theses and Dissertations in Taiwan |
| الوصف: | 107 With the changes in the world economic situation, the deepening of the knowledge economy is a global trend, prompting the industry and the state to enhance the concept of intellectual property rights protection. In addition to the tangible assets of enterprises, intangible assets such as intellectual property rights have gradually played an important role, and have even become a key point of business success, and must not ignore its existence. In the field of domestic intellectual property rights, such as patents, trademarks, copyrights, etc., there are laws that stipulate the pledge of its own value and can become the subject of enforcement. However, although domestic trade secrets are also one of the areas of intellectual property rights, they cannot be treated as if they were the rights of the former. Legislators believe that trade secrets cannot be set as pledges and become the subject of enforcement as other intellectual property rights. They are characterized by the "secret nature" of trade secrets. If they are revealed, they will lose their secrecy. Therefore, Article 8 of the Trade Secrets Act is expressly stipulated. Prohibited, but this is a mechanism that will lose market circulation or mandatory price changes. This paper intends to first discuss the nature and connotation of trade secrets, and then discuss the concept and types of pledge rights in civil law. Under the pledge process, through the perfection of the confidentiality obligations of the parties and the improvement of the pricing system, the trade secrets should become the subject of pledge. The enforcement procedure is different depending on the type of property. When trade secrets can become the subject of enforcement, the enforcement procedures should be discussed in accordance with their nature to achieve seizure, auction, and liquidation. And in the process of implementation, timely addition of confidential measures, can also increase the viability of trade secrets in enforcement. Finally, this paper puts forward opinions, suggesting that the legislators modify the law to agree to the trade secrets can set the pledge and can become the subject of enforcement, and delete the provisions of Article 8 of the current Trade Secrets Act, and return to the applicable civil law pledge and Compulsory Enforcement Act, and through the introduction of appropriate administrative management publicity system, the establishment of confidentiality mechanism of trade secrets and Compulsory Enforcement Act to establish a special chapter, exclusive provisions or additional considerations should be noted for reference. |
| Original Identifier: | 107LTC00308002 |
| نوع الوثيقة: | 學位論文 ; thesis |
| وصف الملف: | 77 |
| الاتاحة: | http://ndltd.ncl.edu.tw/handle/b96m7d |
| رقم الانضمام: | edsndl.TW.107LTC00308002 |
| قاعدة البيانات: | Networked Digital Library of Theses & Dissertations |
| الوصف غير متاح. |