Trade Secrets From The List Of Legislation And Judicial Practice Of Customer Properties

The trial of business secrets has always been a major problem in the practice of intellectual property because there is no substantive law and procedural law basis to clarify business secret. The cognizance of business secrets is different from that of trademarks, patents, copyright. For trademarks and patents, Registration is the main basis for claiming rights, the property rights of which generates automatically, i.e., as soon as the works have been accomplished , the property rights generate automatically. However, the cognizance of business rights calls for complicated procedures and proof, the contents of which are objective as well as subjective, without certainty and accuracy. Client list, as the operating secret of trade secrets, is more difficult to clarify in trial practice because it' s very difficult to prove a list of clients is a list of ordinary clients or a list of clients with the property of business secret and there is no identified Standard. In the Judicial practice, debates are often carried out involving problems of creativity, secrecy, value, interest of employees and equal competition, etc,.With the question in mind, through sorting out and studying relevant materials, the author finds out that there are relatively mature statutory provisions and rules of judicial practice in the United States about the client List theory. Domestically, there is no systematic theory. In particular, sorting out of the statutory provisions of American commercial secret laws and observation and analysis of the dynamic development of the judicial practice does not combine with the judicial practice and relevant laws and regulations in China. Although these "imported" theories will have some influence on domestic judicial practice, they haven' t been entirely localized, and can not guide the trial practice well.On the basis of American commercial secrets laws and systems and relevant trial practices, through the sorting out of the statutory provisions of American commercial secret laws and observation and analysis of the dynamic development of the judicial practice and analysis of some typical cases, with the combination of domestic present laws and regulations, the study of this paper intends to seek and sum up a reasonable objective criteria to determine whether the client list is a commercial secret , on the basis of which this paper summarizes and sums up some up-to-date judicial concepts, hoping to offer references and enlightenment for the trial of disputes of client list in domestic judicial practice.This paper is divided into six parts, for a total of 30,000 words or so.The prelude of the paper raises the question - in the judicial practice, How to identify the list of clients as trade secrets, but in the United States, the judicial practice can provide some useful references.Section I focused on combing and introducing the United States and the Federal states law on trade secrets property of customer list, found that all states in the United States choose to apply " the uniform secret law of the United States " and " the first time re-v of tort for the United state " " the third repeat of Anti-unfair Competition Act of The United States, " have focused on different scope, purpose and the balance, making the protection of trade secrets is not exactly confirmed the same standard.The second part introduces six classic case of the United States to observe the application of the laws and procedures of indentifying the list of customers as trade secret in judicial practice.The third part is the main part of the article, through studying the cases above and some acts on trade secret, concluded that the trade secrets property of the list of customers are made up of three elements - the relative secrecy, the commercial value and the relative confidentiality. The fourth part, in connection with some cases, analyses a number of issues about identifying the customer list of as trade secret.The fifth part, the United States through combing and analyzing the judicial cases and law, adding to some thoughts on indentifying a list of clients as trade secrets, I arise a few suggestions about improving the standards of indentifying the customer list as trade secrets.