A trade secret is defined by Taiwan's Trade Secret Act as a
piece of information that passes a tripartite test (roughly the
same test as adopted in Article 39 of the TRIPS Agreement).
First, the information must not be known to persons generally
involved in the information of this type. Second, the information
must have actual or potential economic value due to its secretive
nature. Third, the information need be subject to reasonable
measures adopted by its owner to protect its secrecy. The
third prong is obviously the most difficult part, and the most
possible area in which a secret owner, especially when it being an
SME, might get ambushed in an infringement case. So, what is the
court's basic stance on the requirement of "reasonable
protective measure?"
