The Study Of Trade-secret Infringement Remedy On The Defective Contracts

Abstract:The defective trade-secret contract is one of the defective contracts. The contracts always lack one or more effective elements based on the misunderstanding when they sign the contracts. The defective contracts can be changed, revocable, sometimes they are invalid. Trade-secret infringement remedy on the defective contract refers to the legal relives once the trade-secret occurred. Guangxi lee trade-secret infringement case is a typical case of the trade-secret infringement on defective contracts. In the case, the cause and legal remedy have a profound significance and extensive warning significance. There are three means to determine the ownership of trade-secret rights, contract, law, and regulations. Contract create rights based on the free will of the parties. As for the parties, they have strong subjectivity to create private rights of the contracts’sign, but they can do nothing to create public rights if there are law and regulations. The confirmation of intellectual property is contract priority. It may lead to conflict between private rights’ creation and public rights’creation. In trade-secret defective contract, some conflicts are exists, such as inequality position of the parties, asymmetric information and contract disputes. The conflicts are caused by lacking of some forms of trade-secret defective contract. The trade-secret infringement remedy has not uniform regulations. It is difficult to choose between contract relief way and tort relief way in civil remedies. And it is unable to regulate diverse situations in reality; the criminal relief way is single and the remedy abuses. If there are conflicts in the civil remedy and criminal remedy, the practice in our country take the " first the punishment " principle. It is not conductive to the protection of legitimate rights, but also violates the principle of parties litigation rights priority. In America and England, they also solve the dispute adopt the contract theory and tort theory. The regulations include injunctive relief, compensatory and punitive damages systems. They have certain reference significance. To solve the defective trade-secret contract, it is necessary to take the " first the civil law " principle, make trade-secret law and improve the protection of trade-secret.