The Analysis On The Violation Of Trade Secrets Of Yang Fan

With the advent of the knowledge economy, trade secrets, as an important part of intellectual property rights, in the fierce market competition have become a secret weapon, to chase economic interests and obtain competitive advantage, who obtained trade secrets, which will be able to compete invincible. As scarce intangible assets, people have been giving more and more attention in trade secrets, while acts of infringement of trade secrets also started coming. Strength of the protection of trade secrets has been pressing. in 1997, "the Criminal of China," added the violating commercial secrets, and increased the crackdown of the Crime of Infringing Trade Secrets to effectively guard the legitimate interests of right holders and ensure the healthy and orderly development of market economy. However, since the criminal protection of trade secrets in China started relatively late, people's understanding of the crime of infringing trade secrets is rather ambiguous, coupled with the specificity and complexity of the crime of infringing trade secrets, and makes the related problems of the crime of infringing trade secrets still exist. With this in mind, this article by the analysis of Yang violation of trade secrets and the discussion of relevant issues of the crime of infringing trade secrets is to provide some useful suggestions for the judiciary in practice.This article is divided into three parts:in section one, the case and the trial has been introduced in the first part and the focus of the dispute of the case is also made. The focus of the dispute in the present case, mainly in the following four areas:1.1s the technical information involved in this case a trade secret? 2. The scope of major losses and how to count loss? 3. Determination of crime infringing trade secrets? 4. How to count the compensation of lawsuit? In section two, It analyze the controversial issues of the case in lawful Characteristics of trade secret,the meaning of great loss,computational method of great loss, and the determination of the crime of infringing trade secrets. In section three, this case initiates ponder. It gives Suggestions that we must adjust sentencing structure of the crime of infringing trade secrets and improve the trial rank of the crime of infringing trade secrets.