Criminal Trade Secret Case: Taiwan IP and Commercial Court Judgment 113-Xing-Ying-Su-Zi No. 17

WISECODE Take

Many business owners mistakenly believe that as long as employees sign an NDA, taking data upon departure will definitely lead to prosecution under the Trade Secrets Act. The Intellectual Property and Commercial Court's criminal judgment 113-Xing-Ying-Su-Zi No. 17 on May 29, 2025, once again demonstrates the court's strict scrutiny of "reasonable secrecy measures." This means that companies without proper data classification are like entering an athletic arena in casual wear, making it extremely difficult to win in court. We recommend two actions: first, restrict access to core technologies to essential personnel; second, clearly mark confidentiality levels on digital files and maintain access logs. Criminal litigation is not a panacea for preventing employee defection; only by preparing evidence beforehand can you activate judicial protection when it matters most.