- 英文摘要
- Though small in geographic area, with its advancement on the
production process and research and development, for decades, Taiwan has
played an indispensible role in the global supplying chains in the
high-technology industry. While such technology mostly serve for
commercial purposes, some of which, known as “Sensitive Technology,”
simultaneously possess significant value on the aspects of national economy
and military security. With high-technology industry from China on the rise,
it is evident that Taiwan’s role in the industry is challenged by what’s called
“Red Supply Chain.” It is not uncommon that events such as events like
Chinese companies misappropriating Taiwan’s technology or Sensitive
Technology of the Taiwanese companies occur in recent years. Under the
circumstances, protecting the technology and Sensitive Technology
developed by Taiwanese companies become a timely and imminent issue.
However, no legal system governing the intangible technology is currently
in place in Taiwan, wherefore, establishment of a proper legal system is
imperative.
This article will review the existing acts and regulations that are
intended to prevent foreign companies, mainly Chinese companies, from
misappropriating technology or poaching talents from Taiwan and make
comparison to those from the United States and other countries. This article
will show that Sensitive Technology Protection Act, which is being drafted
as of now, does help structuring a system which provides control over
Sensitive Technology. Nevertheless, the proposed definition of Sensitive
Technology substantially overlaps with that of trade secrets. Consequentially,
to refrain that all trade secrets would be subject to Sensitive Technology
Protection Act, leading to excessive control over rights to property , this
article suggests another provision - that is, on top of national safety and
public interests, when labeling Sensitive Technology, the authorities must
take into account a technology’s market shares in both foreign and domestic
markets, consider the trends in relevant industry, and exercise highest
scrutiny when designating a technology as Sensitive Technology.
- 目次
- 壹、前言
貳、我國防範中國大陸竊取科技相關產業技術及人才挖角之法規盤點
一、營業秘密法之規定
（一）民事方面
（二）刑事規範
二、我國競業禁止相關規範
三、出口管制相關規定
（一）國家安全法
（二）貿易法
（三）臺灣地區及大陸地區人民關係條例及其子法
（四）國家機密保護法
（五）科技研發相關規定
參、美國等國家及國際防範涉及國家安全、產業發展關鍵技術和科技
外流及人才挖角的法規及作法
一、美國與歐盟營業秘密法制
（一）美國
（二）歐盟
二、美國等主要國家就競業禁止之規範
（一）日本
（二）德國
（三）美國
三、美國、歐盟、韓國、日本就涉及國家安全、產業發展關鍵技術
和科技出口之限制
（一）美國
（二）歐盟
（三）韓國
（四）日本
（五）小結
肆、我國因應作為與修法建議
一、我國營業秘密法制之相關問題與因應作為
二、出口管制及投資審查法制相關問題與因應措施
三、我國敏感科技保護法草案
伍、結論
