1. It is not known to other people who is generally involved in this type of information.
2. It has substantial or potential economic value because of its secretive nature.
3. Its owner has adopted reasonable safe-guarding measures for the information.

1. For trade secrete that is researched or developed as employment performance by the employee, the ownership belongs to the employer. However, if specified otherwise on a contract, then it should follow as the contact states.
2. For trade secrete that is not researched or developed as employment performance by the employee, the ownership belongs to the employee. However, if the trade secrete utilizes resources or experience of the employer, then the employer may use the trade secrete for the business after paying a reasonable compensation to the employee.
3. For trade secrete that is researched or developed by employees through funding or contracting, the ownership is as stated on the contract. If not specified on the contract, the ownership belongs to the funded or contracted employee, but the employer can utilize the trade secrete for the business.
4. For trade secrete that is researched or developed by multiple number of persons, the division of ownership should follow as stated on the contract. If there is no previous agreement, the ownership will be divided evenly.

Any of the following situations is an infringement of trade secrete:

1. Obtaining a trade secrete through inappropriate method – “Inappropriate Method” refers to theft, fraud, coercion, bribury, unauthorized reproduction, violation of secrecy obligation, inducement of others to violate their secrecy obligations, or other similar methods.
2. Knowingly or, due to serious negligence, unknowingly obtaining a trade secrete for use or disclosure.
3. After obtaining the trade secrete, knowing or, due to serious negligence, unknowing the acquired secrete is as stated in Subsection 1, for use or disclosure.
4. Obtaining the trade secrete through legal act for inappropriate methods of use or disclosure.
5. Using or, without any cause, disclosing the trade secret which the law imposes the secrecy obligation.

1. Civil Remedies:
   • The person that intentionally or negligently infringes a trade secrete is liable for the damage and compensation. When multiple number of persons jointly infringe the trade secrete, all violators are jointly liable for the damage and compensation. Time limitation of the right to claim damage for the infringement is two years.
   • The infringee may claim damage compensation selecting from one of the following choices:
     1. Request for the infringed damage and profit loss. However, if the infringee cannot prove the damage, the infringee can subtract the profit gained after the infringement from the anticipated profit without the infringement, while using the trade secrete. Then claim the profit difference as damage.
     2. Request for the violator’s profit gained from the infringement. However, if the violator cannot prove the cost or necessary expenses, the infringee may claim the total income of the infringement act as the violator’s profit.
     3. If the infringement is proven to be intentional, the court may, based on infringee’s request, award the infringee a compensation amount that is no more than three times the amount of the proven damage.
2. Criminal Codes
   Only civil remedies are stated in Trade Secrete Act
   However, depending on each case, the infringement act may also breach the Criminal Codes such as laws of preserving commercial or industrial secretes, crimes of burglary, misappropriation, breach of trust, or also violate Fair Trade Law.