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Chinese companies poach employees and steal secrets! Prosecutors raid 16 companies, interviewing 100 people. (ETTV News reporter Zhao Yixiong)
News link:https://youtu.be/QwRLCijGYzs?si=CuDmspQIEPpwgUaj
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 this case involves the country's core key technologies, and the law clearly states that the other side cannot invest in or obtain them. If such key business secrets are obtained through improper means such as theft and reproduction through shell companies and leaked to hostile forces, it may seriously affect national security. According to the National Security Law, it will be involved in economic espionage and will be subject to a fixed-term imprisonment of not less than five years and not more than twelve years, and may also be fined not less than NT$5 million and not more than NT$100 million.
Fuda Law Firm
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website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw
Frequently Asked Questions
Is there a risk of misappropriating trade secrets when poaching employees from competitors?
If the purpose of poaching is to obtain former company secrets, customer information, technical data, or process information, it may involve trade secret infringement and criminal liability.
What should a company pay attention to when it is questioned by prosecutors and investigators regarding trade secret cases?
First, confirm the identity, case details, and scope of information. Then, organize confidentiality policies, access records, employee job descriptions, and relevant communication information to avoid hasty explanations.
What is the difference between trade secrets and non-compete agreements?
Trade secrets focus on protecting confidential information, while non-compete agreements restrict employees from engaging in competitive activities after leaving their jobs. They can be used together, but the legal requirements differ.