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Trade Secrets Infringement Cases The Burden Of Proof To Explore

Posted on:2008-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:S T WuFull Text:PDF
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As the market economy develops rapidly, the market competition turnsacute. The knowledge information including technique and businessinformation plays a more and more important role in the market competition,which means the property and society value of the trade secret is worth more,hence infringement upon trade secret is more serious, the infringementdispute is also more, the infringement behavior of the trade secret is alsomore diverse. The violation behaviors of the trade secret include illegalacquirement, disclosure, usage or allowing of others' use.But it's differentfrom other intelligent property rights because the trade secret is in secret,and the true content isn't known to the public, and the trade secret isn'towned monopolizedly. The same kind of trade secret may be owned byseveral right corpuses through various legal paths in the meantime, thereforeit is necessary to study the offer of the proofs of the infringement case of thetrade secret on theory and practice.This text is totally divided into six parts: the characteristics of the tradesecret infringement case, the constituents of the infringement case, how toprove the existence of the business secret, how to prove the existence of theviolation behaviors of the business secret,the analysis of the difficulty inoffering proofs and counter plan, the responsibility of offering proofs andthe standard of proving.The first part is mainly about the characteristics of the infringementcase of the business secret. The infringement case of the business secrettotally has four characteristics: One is that the fact is difficult to affirm; Twois that the corpuses related to the secret infringement case are multiple;Three is that the infringement behaviors are diverse, Four is that the objectof the infringement upon the trade secret is the particular techniqueinformation or the management information.The second part mainly discusses t the composing of the infringementof the business secret. The right person of the business secret has to prove:the existence of the business secret;the accused doesn't have legal usage power; the accused carries out the behavior forbidden by law; the accusedhas a fault subjectively; a damaged result caused by the accused; a relationbetween the illegal behavior and t the damaged result.The third part is mainly to discuss how to prove whether there is tradesecret. If the plaintiff wants to win in lawsuit, first he has to prove thebusiness secret exists, namely he has to match the characteristics of the tradesecret: secret (is not known to the public), value (namely economic benefitsfor the right person), function, confidentiality (adopted to keep secretmeasure), source legitimacy...etc. Aimed at the plaintiffs business secretinfringement accusation, the accused can say that the information has noconfidential protection or it is not secret at all.The fourth part mainly discusses how to prove whether there areviolation behaviors. The plaintiff should concrete the facts of infringementbehaviors to accuse the accused. The right person has to offer proofs that theinformation he owns is used by the accused illegally and the accused cantouch and obtain it, namely "substantial likeness and contact". So, the rightperson should obtain the information that the plaintiff obtains, uses,discloses, then compare and judge whether it is the same with his own.Aimed at the plaintiffs accusation, the accused can adopt the defense ofnonexistence of the infringement behavior: Anti- defense toward theengineering, the proper means to get the secret, the legal source to defend,no default to violate the law, the good intentions to use, no reason and effectrelation to defend, very small benefit or no benefit to defend.The fifth part is mainly about reasons for the difficulty of offeringproofs and counter plan to defend. The difficult reasons lie in: the object isindefinite, the accused infringement behavior is confidential, the object isrelated to special realm, and the case is complicated. The counter plan key ofoffer proofs is prevention. First, the right person should have already keptsecret consciousness, and keep secret measure to protect. Secondly a seriesof measures can be adopted when the officers and workers may changeemployment in order to prevent business secret infringement. Thirdly, theunit once meeting an infringement in response to resolute adopt emergency measure. Finally, analyses have been given, to how to offer proofs forchanging employment between employers and employees.The sixth part is to discuss how to assign the responsibility of offeringproofs for the infringement case of the trade secret. The concrete applicationfinally offers proof responsibility allotment and proven standard in thejudicatory the fulfillment to analytical infringement case of the businesssecret by a court case. For the infringement case of the trade secret, oneselfthink should according to general infringement dispute to allot responsibility,then still adopt the principle of "who asserts, who offers proofs", in goodtime the execution offer as proof a responsibility to transfer. Also say that isto say, the plaintiff is responsible of the important item which proves that theaccused promises a load of infringement responsibility, when the accusednegates its infringement responsibility, from the accused negative certificateresponsibility. Proof standard to the infringement litigation, generally saythat come, judge should according to offer as proof the allotment rule ofWhile carrying on affirming the fact, judge should according to thecertificate of the high cover however standard, make use of experience ruleadequacy to lower right a person of certificate standard, let to be controlledan infringement, the person on his/her own initiative proves oneself have noinfringement, or as occasion arise the judge remind to be controlled aninfringement a person if don't put forward a proof, the infringement canaffirm and urge to be controlled infringement witness clear oneself ofinnocent.
Keywords/Search Tags:trade secret, infringement, responsibility of offering proofs, standard of proving
PDF Full Text Request
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