Copyright (c) 2009 All rights reserved. http://works.bepress.com/sheng_chen_tseng Recent documents in Sheng-Chen Tseng en-us Tue, 11 Aug 2009 19:02:17 PDT 3600 http://works.bepress.com/sheng_chen_tseng/3 http://works.bepress.com/sheng_chen_tseng/3 Fri, 19 Jun 2009 12:46:03 PDT Trade secret cases pose special problems distinct from other intellectual property lawsuits because alleged trade secrets are rarely defined in advance of litigation. Perhaps the strangest theory of trade secret law is the concept of negative know-how, a theory under which an employee who resigns and joins a different business can be liable for not repeating the mistakes and failures of his or her former employer. The boundaries of the negative knowledge concepts have not been well articulated in the case law. This article first reviews the Taiwan (ROC) Statutes and theories, especially in Fair Trade Law. There is a growing debate between the proponents of negative knowledge and unfair competition. Broad application of the negative know-how theory then would create new restrictions on employee mobility and allow employers to obtain court-created non-competition covenants against former employees based on their knowledge of failures and errors. Sheng-Chen Tseng Intellectual Property Law http://works.bepress.com/sheng_chen_tseng/2 http://works.bepress.com/sheng_chen_tseng/2 Fri, 19 Jun 2009 12:33:10 PDT The amendment of Taiwan Trade Secret Act has not been implemented for economic espionage crimes and new types of technologies. Thus this paper indicates the suggestion for legislation after analysis of United States laws and Taiwan status quo. The purpose of the trade secret protection is to maintain industrial ethics and order in competition, encourage the invention and innovation of technologies. Taiwan has regarded the trade secret as a part of the intellectual property. The TRIP Agreement has a great influence on the Taiwan legislation, and other foreign precedents are also taken as the important reference for the Taiwan legislation. This paper presents the provisions for Taiwan legislation of trade secret protection, the study of USA legislation, and analysis trade secrets protection posed by computerization, and suggestions for Taiwan legal system. The protection of confidential information can promote the R&D and pursuit of profits. Sheng-Chen Tseng Intellectual Property Law http://works.bepress.com/sheng_chen_tseng/1 http://works.bepress.com/sheng_chen_tseng/1 Thu, 30 Apr 2009 03:11:06 PDT On February 12, 2001, the Ninth Circuit Court gave a verdict on the case: Recording Industry Association of America (RIAA) sued MP3 exchange system of Napster Inc., which infringed the record industry's copyright; all record companies with copyright filed an application, that Napster should stop the online music-swapping, was agreed; in June 2005, Supreme Court of the United States made a judgment on Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Court held that Grokster must take the secondary liability, and this case was used to clarify and correct some legal opinions before from the lower courts.In June 2005 at Taipei Shilin District Court, in the case that IFPI and other three major music groups sued ezPeer, which had a verdict of acquittal; later on September 9, Taipei District Court indicted kuro, this case was the first criminal case that Taiwan P2P operators had a violation of copyright law; however, the judgments of two cases were totally different, which arouse considerable controversy; recently, as to laws and regulations standardizing P2P transmission technology in Taiwan, only MP3 music-related platforms, compression and exchange have been involved in the rational use, reproduction, public transmission, copyright infringement and other related issues.As network technology develops rapidly, even the United States Congress wants to cover the shortage of existing regulations and practices on P2P Infringement of internet copyright through legislation, the following explored related legal norms in US Copyright Law on the application of P2P technology, hoped to develop better business models for recording industry, so that users could afford the cost of software to solve legal issues arising from above, reducing the current infringement situation, and allowed real creators access to the best interests; apart from reference to the experience of the United States, reflection and suggestions of related issues in Taiwan were also covered. Sheng-Chen Tseng Intellectual Property Law