Trade Secret Infringement Litigation Allocation Of The Burden Of Proof

With the value of trade secrets has become increasingly prominent, trade secret infringement litigation continues to grow. To safeguard the legitimate rights of trade secret rights, and promote orderly market competition, it must be held according to the law of trade secrets infringement of people's tort liability. To set up the court finds infringement of trade secrets, the key is to provide evidence of the plaintiff to the defendant in tort, which is bound to involve trade secret infringement litigation the burden of proof. However, our legal burden of proof for infringement of trade secrets is not explicit. Trade secret infringement litigation if a simple application of the general rules of evidence, burden of proof will lead to the right person who can not and lost. Therefore, it is necessary to trade secret infringement litigation the burden of proof allocation study to promote social legitimate competition to provide better legal protection. The main part of this paper is in five parts.In this paper, encourage and protect fair competition, protection of commercial ethics, anti-unfair competition law, the legislative purpose of starting the business secrets of our current distribution of burden of proof in tort actions based on the analysis, that our law is too general, can not be effectively determined business secret infringement, so as to maintain the interests of trade secret rights. In this paper, to draw the United States and other advanced theories,trade secrets infringement issues related to allocation of the burden of proof to explore, to improve China's trade secret infringement litigation the burden of proof distribution system.