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TSMC 2nm leak case! Three National Tsing Hua University engineers plead guilty and request bail. Lawyer Li Yusheng explains the criminal liability for stealing trade secrets, the National Security Law, and economic espionage.


TSMC 2nm leak case! Three National Tsing Hua University engineers exposed, all pleaded guilty and requested bail. ETTV News reporter Zhao Yixiong

News link:https://youtu.be/gd7RC8ufWkE?si=mIQVKSWSO8Ny7nX4

Talent in Taiwan's science and technology industry is the lifeblood of the national economy. Subject to restrictions under the National Security Law, if an engineer wants to switch jobs to the other side of the strait, he cannot steal business secrets in Taiwan. This can result in a maximum sentence of 12 years in prison. However, the Investigation Bureau conducted a sweep across Taiwan against privately-owned Chinese companies and found that 16 Chinese companies were involved, including leading Chinese optoelectronics and semiconductor groups. They have established offices in Hsinchu, Neihu Science Park, etc., which has endangered national security.

Li Yusheng, an attorney at Fidelity Law Offices, said that the defendants and others are suspected of leaking TSMC's core national key technology trade secrets and have been indicted by the prosecutor's office and have requested specific sentencing. Obviously, the prosecutor should have obtained specific evidence such as electromagnetic records. If the relevant evidence is clear, the probability of the defendants and others being sentenced should be very high. In future civil damages lawsuits, TSMC may need to provide more supporting evidence to prove the amount of damages.

Fuda Law Firm
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Frequently Asked Questions

What are the potential criminal penalties for stealing trade secrets?

It may involve criminal liability under the trade secret law. If it is related to national core technologies, foreign forces, or economic espionage, it may involve even more serious legal liabilities.

Is it a crime for an engineer or employee to take data with them when they leave a company?

If the information taken away is confidential information of economic value that the company has reasonable confidentiality measures in place, and is used or leaked illegally, it may constitute civil or criminal liability.

How can companies prevent the leakage of technical secrets?

Hierarchical access control, download records, confidentiality agreements, non-compete agreements, handover procedures upon departure, cybersecurity audits, and regular training should be established.

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