Research On The Protection Of The Plaintiff Of Trade Secrets Infringement Lawsuits

Among the trade secret infringement litigation, the plaintiff is in weak positionrelatively and is required to bear a heavier burden of proof. The plaintiff faces somevariability. So trade cases in the practice show the lower in favor of plaintiff. China’slegal provisions are rough and simple on the perspective of procedural law, the tradesecret of plaintiff be retailed again. If we do not improve, the right holder of tradesecret will decrease the enthusiasm of litigation and damage the public confidence inthe law. So the author argues that we can be inclined to protect the plaintiff in thetrade secret infringement litigation.The paper elaborates how can protect the plaintiff from four aspects, namelythe allocation of the burden of proof, judicial principles, injunction, secret trial. Thepaper is divided into five chapters.The first chapter elaborates why protect the plaintiff, analyzes and comparesthe status of the two parties in the trade secret infringement litigation firstly. Then interms of seduction, the author explains that the plaintiff is in weak position and weneed to protect the right of the plaintiff. There is limit to the protection of theplaintiff. If we are too overprotective, the defendant of rights can be damaged.The second chapter is about the recognition of the infringement of trade secret.This part analysis the basic principle of "the contact, material alike and refutingeffectively defense" and analysis can’t avoid revealing, usage principle with cases.This principle is good for the plaintiff. The author points to the inadequacy of thebasic principle.The third chapter analyzes the distribution of the burden of proof in the tradesecret infringement lawsuits and the principle of reverse burden of proof, and putsforward some suggestions.The fourth chapter analyzes the injunction and suggests building our owncountry’s Trade Secret Relief System from analyzing the Trade Secret InjunctiveRelief System in other countries. Injunction is beneficial to protect the interest of the plaintiff.The fifth chapter analyzes the trial system. The cases involving trade secretshall not be heard in public. The practice is of great importance to the protection ofthe plaintiff of trade secrets and can prevent the damage again, but the practiceprovide general outline. There are no specific proposals. Therefore the systemsshould be perfected in China.