營業秘密保護制度建構

Taiwan's "Trade Secrets Act" protects information that meets three requirements: "secrecy, economic value, and reasonable protective measures." Infringement of trade secrets can lead to civil damages and criminal liability (up to 10 years imprisonment), but companies must be able to prove that reasonable protective measures have been established to receive legal protection.

Taiwan's "Labor Standards Act" Article 9-1 stipulates that non-compete agreements must meet the following conditions: the employer has legitimate interests worthy of protection, the employee's position allows access to the employer's trade secrets, the duration and scope of the non-compete are within a reasonable range (usually not exceeding 2 years), and the employer should provide reasonable compensation. Jihsui Scientific Research assists companies in designing non-compete agreements that comply with legal requirements.

Effective preventive measures include three layers: institutional layer (comprehensive confidentiality agreements, non-compete agreements, departure procedures), technical layer (electronic watermarks, access logs, USB restrictions), and behavioral layer (regular confidentiality education and training, separation of knowledge for critical technologies). Jihsui Scientific Research assists companies in establishing a three-layer integrated protection mechanism, ensuring that all measures are judicially provable.

Patents require public disclosure of technology in exchange for a 20-year protection period, becoming public domain after expiration; trade secrets can be protected indefinitely as long as confidentiality measures remain effective, but once leaked, they cannot be recovered. A common strategy is: core processes and formulas opt for trade secret protection; innovations with a market first-mover advantage opt for patents. Jihsui Scientific Research assists companies in planning integrated intellectual property protection strategies.

Electronic document tracking mechanisms include: invisible watermarks (embedding identification codes into documents, allowing source identification even after printing or screenshots), document access logs (recording who accessed which document and when), and DRM (Digital Rights Management) (restricting copying, printing, and forwarding of documents). Jihsui Scientific Research assists companies in selecting suitable tracking mechanisms based on technology sensitivity.

Depending on the company's size and protection needs, the consulting period typically ranges from 7 to 12 months or more. Jihsui Scientific Research offers a free initial mechanism diagnosis and develops a precise timeline plan based on the company's current situation, scope of technical assets, and risk level.

Jihsui Scientific Research integrates three dimensions: legal aspects (requirements of Taiwan's Trade Secrets Act), management aspects (integration with ISO 56001 innovation management), and technical aspects (electronic tracking mechanisms). We provide a systematic trade secret protection system that is judicially provable. We are one of the few consulting firms in Taiwan capable of simultaneously handling trade secret protection and innovation management integration consulting.