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Business under threat: the criminal liability of trade secret theft in Malaysia?

Abd. Jalil, Juriah and Hassan, Halyani and Abdul Rahman, Nasarudin and Raja Mohd Ali, Raja Badrol Hisham and Mohamed, Duryana and Najib, Ahmad (2020) Business under threat: the criminal liability of trade secret theft in Malaysia? International Journal of Business and Society, 21 (S1). pp. 49-65. ISSN 1511-6670

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Maintaining and ensuring secrecy of valuabletradesecret offers competitive advantage to its owner over the competing rival. Because of this, the trade secret is often subject to various threats ranging from misappropriation, theft and corporate espionage launched by rivals and also the employee. Such threats can impede growth of the victimized firms and discourage further innovative and inventive endeavor. One of the ways to deter such offence is by providing specific criminal sanction for the theft of trade secret as practiced in the US and Japan. The US regards theft of trade secrets as a federal crime under the Economic Espionage Act 1996 and in Japan, theft of trade secret is a crime under the Unfair Competition Law. In comparison, Malaysian law does not provide any specific legislation criminalizing theft of trade. But being a member of the TTPA, Malaysia is required to criminalize such theft. This article analyzes the competency of the existing criminal, cyber and national security laws in Malaysia to address the issue. In doing so, the practice of the US and Japan is taken as example to shed light as to the proper implementation of criminal prosecution against the theft of trade secret.

Item Type: Article (Journal)
Additional Information: 1444/80394
Uncontrolled Keywords: Trade secrets theft; Misappropriation of business information;Confidentialinformation;Corporate espionage.
Subjects: K Law > K Law (General)
K Law > K1001 Commercial Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Assoc. Prof Juriah Abd Jalil
Date Deposited: 08 May 2020 22:56
Last Modified: 08 May 2020 22:56
URI: http://irep.iium.edu.my/id/eprint/80394

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