Taiwanese authorities have reportedly sought a fine of approximately 600 million yen against Tokyo Electron in connection with a case involving advanced semiconductor technology allegedly taken from TSMC. I feel that this incident symbolizes the beginning of an era in which corporate behavior is judged not only in terms of business-to-business trade secret violations, but also through the new lens of national security.
Why Did Taiwan Apply the National Security Act?
In Taiwan, a 2022 legal amendment made it possible for trade secrets held by private companies to receive special protection if the government designates them as relevant to national security.
The 2-nanometer technology in question occupies an extremely important position in the global semiconductor race. Cutting-edge process technologies are directly linked to national competitiveness in military, communications, and advanced computing fields. In this sense, TSMC’s technology can be regarded not only as a corporate asset but also as a national strategic asset.
In other words, this case was evaluated not simply as “the theft of a corporate secret,” but as “an act that threatens national competitiveness.”
What Is Being Asked of Tokyo Electron?
Not only was a Tokyo Electron employee indicted, but the corporation itself was also targeted with a proposed fine—this carries significant weight.
Even if the organization did not intentionally pursue such actions, Taiwanese authorities appear to have judged that corporate responsibility should be questioned in terms of internal management systems and information-control practices.
Because global companies operate across borders, they are strongly affected by the security policies of each country. In high-risk sectors such as semiconductors, companies increasingly need to incorporate into their governance the perspective of “how their technologies and information will be treated in each jurisdiction.”
What Should Japanese Companies Learn?
This incident highlights more than just the need to strengthen trade-secret protection.
It underscores the reality that countries are beginning to treat technology more than ever as a matter of national security.
Steps Japanese companies should consider include:
- Continuous monitoring of international regulations and national security policies
- Strengthening education and compliance systems at overseas sites
- Redefining information-management rules with partners and clients
These measures are becoming essential—not only for a few sensitive sectors, but across all national strategic fields such as AI, quantum technology, and biotechnology.
The Future of the Case and the Semiconductor Industry
It remains unclear how much of the factual relationship will be revealed through future trials and investigations. However, what makes this incident symbolic is that we have fully entered an era in which the concept of national security can no longer be ignored in international corporate activities.
The value of technology can no longer be measured solely by economic returns.
Instead, it is becoming intertwined with national strategies, international politics, and corporate operations in increasingly complex ways.
This news should be seen as one of the turning points signaling that shift.