Taiwan Prosecutors Charge 3 People for Allegedly Stealing TSMC Trade Secrets

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The alleged theft poses a threat to the Taiwanese semiconductor industryโ€™s global competitiveness, prosecutors say.

TAIPEI, Taiwanโ€”Local prosecutors have indicted three individuals for allegedly stealing trade secrets from Taiwan Semiconductor Manufacturing Co., Ltd. (TSMC) to help a Japanese equipment supplier secure more orders from the worldโ€™s largest contract chipmaker.

The three defendants, who were arrested earlier this month, were charged under the National Security Act and the Trade Secrets Act, the High Prosecutorsโ€™ Officeโ€™s Intellectual Property Branch announced in an Aug. 27 press release.

The case marks the first time Taiwanโ€™s National Security Law has been used to prosecute the theft of what are considered Taiwanโ€™s national core technologies, according to prosecutors.

โ€œThis case involves core technologies that are the lifeline of [Taiwanโ€™s] industries and seriously threatens the international competitiveness of its semiconductor industry,โ€ prosecutors wrote, according to a translation of the original text.

Among those charged was a former TSMC employeeโ€”identified only as a former yield engineer surnamed Chenโ€”for whom prosecutors are seeking a 14-year prison sentence. After leaving TSMC, Chen joined Tokyo Electron, a Japanese supplier of chipmaking equipment, where he worked in the marketing department.

Prosecutors alleged that Chen repeatedly asked individuals still working at TSMC to obtain proprietary chip production information, to help his new company boost equipment sales to his former employer.

Two of those individualsโ€”identified only by their surnames, Wu and Koโ€”allegedly aided Chen by providing him with information to photograph. Prosecutors are seeking prison terms of nine years for Wu and seven years for Ko.

The TSMC information that Chen allegedly obtained was used to improve Tokyo Electronโ€™s etching tools that could be used in TSMCโ€™s 2-nanometer (nm) production lines, according to prosecutors.

Etching tools typically utilize reactive gases or plasma to selectively remove specific materials during the chipmaking process.

As semiconductor chips become smaller, they typically become more efficient and can run faster while using less power. To meet the growing demand for computing power, chips need to pack in more transistors, which requires increasing their density.

By Frank Fang

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