Research Report
It is necessary to improve the provisions regarding certain types of industrial technology as trade secrets set forth in the Unfair Competition Prevention Act in terms of civil and criminal liabilities and to improve the structure of the Act on Prevention of Divulgence and Protection of Industrial Technology in relation to the protection of national core technologies focusing on the Government support for the protection of industrial technology.
The improvement suggestions for major legislative matters in relation to the Unfair Competition Prevention Act are as follows: First, it may be necessary to reinforce the obligation to submit evidence information in consideration of the current circumstance in which too much emphasis has been placed on the evidence of the theft of trade secrets. Secondly, where an alleged theft is denied with regard to a product or method created by an act infringing on trade secrets, the obligation to specify the product or method without committing the theft may be imposed. Thirdly, in assessing damages caused by the theft of trade secrets, expert witnesses shall be obliged to explain necessary matters to assess such damages. Fourth, it may be considered to introduce a punitive damages system. Fifth, i may be necessary to supplement the present criminal procedures so that the confidentiality of trade secrets to be protected in the criminal proceedings for trade secrets theft cases.
The improvement suggestions for major legislative matters in relation to the Act on Prevention of Divulgence and Protection of Industrial Technology are as follows: First, the Act may specify industrial technologies by changing the definition of industrial technology. Secondly, the provisions regarding the function of specialized committees prescribe in the Act may be amended so that those committees can make a judgement the facts regarding national core technologies. Thirdly, it may be considered to introduce an industrial security certification program and vocational qualifications into industrial security field. Fourth, It may be considered to establish a specialized organization (protection and support center) to support the protection of industrial technologies. Fifth, it may be considered either to promote active dispute resolution practices by a dispute resolution organization or to discontinue the organization.