Trade Secrets Infringement Punitive Damages System On Rio Tinto Case

Trade secrets punitive damages system is one of the important system of trade secrets infringement relief, and compensatory damages corresponding to a damage compensation system. The system is the inevitable result of social and economic development as well as legal norms function expansion, which is conducive to the protection of trade secrets rights holders to protect the interests of the public interests of society as a whole. Shanghai Rio Tinto infringement of trade secrets cases show the lack of punitive damages system in the protection of trade secrets in China, so China’s huge economic losses can not be relief, legal value is difficult to achieve. Infringement of trade secrets liable for punitive damages system introduced infringers bear the punitive damages, tort costs will increase, the elimination of the infringement, to deter violators, prevention of infringement. Punitive damages system has three functions that punitive functions, compensation, containment function. Compensatory damages are the principle of punitive damages is an exception. The amount of punitive damages system to determine their function play significant must be integrated into the various factors to determine a reasonable amount of compensation. Punitive damages system originated in the common law, a certain influence on the civil law countries, learn from our laws. Punitive damages system plays an irreplaceable role in trade secret litigation, the relevant legislation in China should actively learn and commercial secret infringement punitive damages system into the legal system. Compared with other intellectual property infringement, trade secrets infringement has a unique legal characteristics of the application of trade secrets punitive damages system realistic. Punitive damages system to create a fair competitive environment and trade secrets rights effective compensation to compensate for the lack of legal remedies, to actively and effectively to contain trade secrets infringement, the substance of fair compensation and to encourage rights holders to defend their rights.