Commercial Secrets Infringement Compensation Research

With development of China’s market economy, the competition between the main playersin the market is becoming increasingly fierce, some enterprise with core information oftenthriving while other companies have been eliminated in fear. So steal the trade secrets ofothers occurs often unearned behavior. Trade secrets are as a result of human intelligence andscientific activities, the combination of creativity and wisdom of the rights of people.Involving trade secret intellectual property infringement disputes also increase in recent years.Because trade secrets themselves, the special nature of trade secrets legislation, combinedwith our existing judicial interpretation of the regulations are not specific on the issue ofcompensation, the lack of maneuverability, so the trade secrets rights of reasonablecompensation has been the problem of the legislative and judicial; trade secret rights,especially civil action claiming rights to require the court to order the defendant to stopinfringement, maintain commercial confidentiality, compensation for the losses. This showsthat indeed the issue of compensation is the difficulty of trade secrets infringement cases, withconsiderable complexity, it also shows the current legislative provisions and judicial practiceis difficult to effectively protect the interests of right holders.The paper published a classic case of the Supreme People’s Court case as a starting point,the first section provides a brief presentation of the case, given the court the reasons andresults of the second part of this case by analyzing the focus of difficult problems, for thefollowing laying the groundwork; third part is to introduce the concept of trade secrets,commercial secrets of the Elements, as well as applicable trade secrets damages principles,clarify concepts and to grasp the proper principle is the premise of the correct adjudication ofcases; that part focuses on the compensation under the compensation system and the punitivedamages system; the Part IV is to introduce the legislation of the world’s major countries andregions, trade secrets infringement damages, this part is the focus of this paper is to takepeople long to make up our own so-called short, learn from the legislation of the maturecountries and regions help improve our trade secrets laws and protection system; secondsection discusses the judicial practice of specifying the amount of compensation, includingloss of the plaintiff, the defendant profits, licensing contracts, user fees, mutual consultation,the statutory limit compensation, etc.; Part V damage compensation for the existence of the practice put forward the recommendations of the legislature and the judiciary, especially onpunishment principle of the applicable and the limit of compensation for the breakthroughapplicable and other details add discourse to remedy defects, improve inadequate, in order tobe able to trial commercial secrets infringement cases provide specific, operational guidance,trade secrets trial work more effectively safeguard the interests of trade secrets rights, tocreate a fair competitive environment.