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Commercial Secrets Of The Proof Responsibility Allotment Infringement

Posted on:2012-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChaoFull Text:PDF
GTID:2236330368477093Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy, commercial secrets for market main body with its economic value and competitive advantage is more and more obvious, whether domestic law or foreign law, and the Paris convention ", the tri agreement, "and other international treaties, will all commercial secrets, as a kind of important intellectual property protected and commercial secret infringement disputes are increasing. The judicial protection in including commercial secrets and intellectual property protection, the mechanism of the plays a leading role. Our academic circles and protection for commercial secrets of the later start current law in this field regulation is still not perfect, relevant legal principles, system and measures in gradually establish, still not formed a tight, operational stronger commercial secret legal protection system.Judging from the judicial practice, because of the commercial secret infringement litigation of burden proof distribution, rules and standards of proof burden of problems such as the lack of unified recognition and standards, often appear the same in different court case that different referee results awkward situation. This not only could damage the business secret rights and the lawful rights and interests of the people, also harm the majesty of the law. Theoretically the commercial secret infringement litigation proof responsibility problems and then formed astandardized unified proof responsibility distribution theory and standards of proof to the instruction judicature practice currently become a more pressing problem.The burden of proof is regarded as the backbone of the civil litigation, the theory of long standing, system complex, views about. Domestic mainstream views understand proof responsibility and the true content of the burden of proof there is gap. Commercial secret infringement litigation, as a special kind of intellectual property infringement litigation, although there are some particularity, but its, after all, is a kind of civil tort litigation, to study business secret infringement litigation of burden proof in civil litigation should play the burden of proof connotation and basic theories of original commonly, the article tries to radical, so in theory will prove the general theory applied to the responsibility of the commercial secret infringement litigation practice, can form relatively reasonable, standard and practical proof responsibility system, this also is the thought and aim.Specifically, the main content of this article include:The first part is described in detail, this article wants to China’s commercial secret infringement litigation of burden proof in the distribution situation, in a word, is at present our country does not have special trade secret law, the provisions of the commercial secret about in the civil procedure law, the civil law, the contract law, the anti-unfair competition law and other laws, and for commercial secrets of tort proof responsibility allotment in existing laws was not well documented. Therefore, in the commercial secret infringement lawsuit, still should apply the civil procedure law and the article 64 of the several provisions of article 2 of the regulations. A thorough analysis, these situation can be found its exists many problems remain to be solved, such as:commercial secret infringement litigation process difficult, distribution of proof, the difficult question Ignore different body and behavior of the subjective vicious and proof difficult differences; Deviating from the relevant policy requirements, etc.The second, third part, to return theory, through analysis proof responsibility related doctrines and now theory application status to summed up under the doctrine of commercial secrets of regulating the infringement cases, and the burden of proof from commercial secrets to each party in tort should analyze its respective proof responsibility. Then the proof the allocation of responsibility have a more clear finishing.The fourth part, also is the end of the paper, through to commercial secret infringement litigation proof responsibility system existing evaluation, and then based on Suggestions in front of the analysis of the existing problems, and puts forward related Suggestions.
Keywords/Search Tags:Commercial secrets, Proof responsibility, Tort litigation
PDF Full Text Request
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