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The Analysis Of The Case Of Trade Secret Infringement Lawsuit

Posted on:2014-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:J HeFull Text:PDF
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With the value of trade secrets has become increasingly prominent, trade secretinfringement litigation has been increasing. For the protection of commercial secretsof the legitimate interests of rights holders,and promote orderly market competition,it must be held legally recognized trade secret infringement liability for infringementIf the court finds that trade secret infringement is established, the key is to provideevidence that the plaintiff prove that the defendant is infringing, which willinevitably involve trade secret infringement litigation burden of proof. The startingpoint in the Hatian Technology Services Ltd. v. Changjing sida Technical Services Ltd.secret infringement dispute, the plaintiff prove difficult but ultimately suffer co urtlost. However, this is not the only one case. Trade secret infringement case prove sodifficult and these caeses lost so much. Ultimately, because of our trade secrets lawdoes not expressly tort liability provisions. If the simple application of t he generalrules of evidence,it will lead to rights holders prove difficult.If the applicable burdenof proof, neither the precise law expressly provides, they can not avoid theoccurrence of malicious lawsuits.In this paper, based on China’s basic national conditions, in order to encourageand protect fair competition and maintain business ethics law against unfaircompetition starting the legislative purpose, trade secret infringement case in theanalysis is difficult because of the plaintiffs evidence, based on the analysis of theexisting rules of evidence in infringement of trade secrets case for irrationality, tradesecret infringement litigation involving the burden of proof issues related toallocation discussed, and trade secret infringement lawsuits improve our distributionsystem onus suggestions and ideas in order to achieve effective protection of businesssecrets genuine rights of the legitimate interest and encourage fair competition amongenterprises and social innovation purposes.
Keywords/Search Tags:trade secrets infringement, prove difficult, burden of proof
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