營業秘密保護制度建構
讓核心技術成為難以複製的競爭護城河
積穗科研協助企業建立完整的營業秘密保護制度，從技術秘密認定、分級管理、存取控制，到離職員工競業禁止與洩漏追蹤機制。在人才流動與競業挖角頻繁的半導體、高科技產業，系統化的營業秘密管理是保護核心技術資產的關鍵。
申請免費機制診斷為什麼台灣企業需要系統化的營業秘密保護？
台灣《營業秘密法》明確保護企業的技術、商業、財務等機密資訊，但保護的前提是企業必須能證明「已採取合理的保密措施」。司法實務顯示，若企業無法舉證已建立系統化保密制度，縱使員工確實洩漏機密，也可能無法獲得法律救濟。積穗科研協助企業建立可在法院舉證的系統化營業秘密保護制度。
積穗科研輔導成功案例
Established a three-tier classification management system for technical secrets, implemented access control and electronic watermark tracking, completed confidentiality education and training for all technical personnel, established a non-compete agreement management system, and successfully prosecuted technical leakage cases after employee departure.
Established a trade secret protection mechanism for process formulas and mold designs, integrated the ISO 56001 innovation management system, and ensured complete protection of R&D results before patent application.
積穗科研輔導流程
Trade Secret Inventory and Identification
Comprehensively inventory the company's technical information, business information (customer lists, pricing strategies), and financial information. Identify which information constitutes a trade secret in the legal sense based on three key requirements: 'secrecy, economic value, and reasonable measures to maintain secrecy'.
Tiered Management and Access Control
Establish a three-tiered classification system for trade secrets (Top Secret / Confidential / Secret). Design corresponding access control mechanisms, labeling requirements, and reproduction restrictions. Implement a system for logging personnel with access, ensuring the 'need-to-know' principle.
Personnel Management and Confidentiality Agreements
Design non-disclosure agreements for new hires and non-compete agreements (in compliance with Taiwanese legal requirements). Establish a mechanism for confirming the return of technical data during the departure process. Design confidentiality training courses. Establish SOPs for reporting and responding to leakage incidents.
Technical Protection Measures and Evidentiary System
Implement technical measures such as electronic document watermarking and tracking, access log recording, and screenshot prevention. Ensure all protection measures possess judicial evidentiary value, assisting companies in effectively prosecuting breaches of confidentiality obligations when necessary.
常見問題
How does Taiwan's "Trade Secrets Act" protect corporate technology?
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.
Is a non-compete agreement valid in Taiwan? How should it be designed?
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.
How to prevent departing employees from taking away core technology?
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.
What are the differences between trade secret protection and patent application?
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.
How to establish a tracking mechanism for electronic documents?
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.
How long does trade secret protection consulting take?
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.
What are the features of Jihsui Scientific Research's trade secret protection consulting?
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.
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