Research On Damages Calculation Of Infringing Trade Secret

Damages calculation of Infringing trade secret refers to calculating the damages of owner from infringer's behavior of infringing the trade secret; the case of a company in Zhuzhou V. Ms li for infringing trade secret reflects that damages calculation standard of infringing trade secret is not unified in practice, that damages calculation method is not perfect, also that there is dilemma in judicial practice particularly. So it is very significant that studying damages calculation. Calculation method will be different because of different damages from different feature being infringed, we'd improve them as follows:multiples profits method; capital value method; property value method and comprehensive quota method. The relevance is so close that we should deal with it respectively, that it should be distinguished as follow:illegal acquisition behavior applys property value method; illegal disclosure behavior mainly applys capital value method; illegal usage behavior mainly applys multiples profits method; and illegal acquisition and usage behavior applys the calculation methods comprehensively. Above mainly aimed at applying specified calculation method according to different feature of trade secret infringed by different behavior pattern.