Case Studies On The Practice Of Judicial Protection Of Trade Secret

Intellectual property has been becoming the powerful weapons for all types of business entities range from the individualist, enterprises to the collective and state to participate in the market competition and gain its advantageous position. Countries have provided with effective protection through legislation, administration and justice. Trade secret, being a very important part of IP system, shall be received scientific and proper protection by the countries. However, due to the character of trade secret that cannot be made known to the public, and the administrative protection generally has to go through processes including administrative determination, review and litigation, compared to the judicial protection, which is the last resolution to the issue, the process of judicial protection is generally short and quick, and more authoritative, therefore, the subjects of trade secret are tend to seek judicial protection, the growing inclination of depending on the judicial protection of trade secret has made people incline to think trade secret is a right in litigation. Cases concerning trade secret have occupied a large proportion among the cases of intellectual property entertained by the people's courts, and have been become the focus of IPR. In judicial practice, how to properly determine and offer effective protection for trade secret, it not only has an effect on the sufficient and effective protection of the parties'rights of trade secret, but also on the promotion of judicial ability and public faith of the people's courts, and also draws the attention of the social circles, courts at various levels and even the supreme judicial decision-making and management strata. Being a judge, the author summarizes the reflections on the cases concerning the adjudication of trade secret in recent years and presents the dissertation named"Case Studies on the Practice of Judicial Protection of Trade Secrets". It categorizes the cases in judicial practice with the aim at being conducive to the practice of China's trade secret protection. The contents include the introduction of trade secret, the determination of"unknown to the public", confidentiality measures and confidentiality afterwards and their validity, reverse engineering and judicial choice of forbidding clause.