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Burden Of Proof On The Trade Secret Infringement Litigation

Posted on:2011-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y JiangFull Text:PDF
GTID:2206360308462944Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The proof plays a vital role in a civil case, while the result of action is determined by the distribution of the burden of proof.The laws and regulations on the trade secret distribute in departmental law as well as it is not a special law for protecting trade secret. The paper is divided into five chapters. Chapter one, by comparatively analyzing attribute and character of the trade secret, get the concept, elements of trade secret, and hope assisting on the discussion of infringement in the trade secret of the distribution of the burden of proof. Chapter two, it put the discussion on how to apply the criterion of the liability for infringement in the trade secret. Through analyzing the common civil action and different countries on infringement in the trade secret of the criterion of the liability, point out the principle of fault should be used in infringement of the trade secret in our country and the rule of infringement in the trade secret of the distribution of the burden of proof in the principle of fault. Chapter three, the article analyzes procedural value of infringement litigation of trade secret which is consistent with the general law of civil suit. However the trade secret contains hidden and complex feature. The distribution system of the burden of proof plays a very important effect on fairness, justice and legal efficiency of lawsuit. It is favorable for timely and effective protection of trade secret through improving procedural value. The distribution of the burden of proof, procedural justice and legal efficiency is complementary. Chapter four, it analyzes the difficulties on distribution of the burden of proof of infringement litigation in trade secret which can be resolved by discussing general theory of distribution of the burden of proof. This article demonstrates the shortage of Chinese law and judicial interpretation on the distribution of the burden of proof of infringement in the trade secret litigation and then expects to perfect the legal system and make up deficiencies for distribution of the burden of proof to achieve the purpose of distribution of the burden of proof of infringement litigation in trade secret as a whole. Chapter five, the author gives opinions on designing the system of infringement in the trade secret of the distribution of the burden of proof and pointing out infringement in the trade secret litigation doesn't apply the principle of reverse burden of proof. The article discusses that the burden of proof in the action should be divided into sections between plaintiff and defendant, be made transfer of the burden of proof timely and presumption of fact for the distribution burden of proof, as well as be defined standard of proof at different stages of the proceedings so that the burden of proof are clear and feasible.As a member of WTO, china actively participates in the process of economic globalization and proposes intellectual property strategy for strengthening intellectual property protection which are important measures into knowledge economic age. In recent years, trade secret plays an increasingly important role in the enterprise competition. Sustainable economic development needs strengthen trade secret protection and regulate competition. By preliminary study for the distribution of the burden of proof of infringement in the trade secret litigation, try to establish the rules of the distribution of the burden of proof, avoid inconsistent application of the law, hope trial guide for trade secret infringement cases and finally realize the organic unity of legal effect and social effects.
Keywords/Search Tags:Trade secret, Infringement, the burden of proof
PDF Full Text Request
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