The Research On The Issues Of Trade Secrets Infringement Cases

Presently, the trade secret infringement cases are less than the othertypes of intellectual property cases by counting the absolute quantity. Theimportant reason is that judges are required to determine both legal andfactual issues which are disputed in the case. However, they are relativelylack of the technical knowledge and expertise in professional area thatinvolved in the case, such as knowledge and skill of the validation andcomparison for the trade secret generation, the trade secret points and etc. Itbrings a large number of professional and technical questions where aretough to judges to make appropriate judgments based on their inherent legalknowledge and trial experience. In order to find a fair and proper judicialjudgment, it needs to invite a third-party professional appraisal institute toappraise those involved technical issues to conclude an objective andscientific evaluation as a basis to make a fair judgment on the case.For judicial appraisal on trade secret infringement cases in our country,the law is imperfect. In judicial practice, the judicial authorities have different opinions regarding the issues about the qualification of theappraisal institute, the range of judicial appraisal, the burden of proof thatthe parties need to bear during the appraisal procedure and etc, which leadsto quite a lot of problems occurring in the process of the judicial appraisal.This article is to combine with the relevant judicial precedents in thetrade secrets infringement cases to analyze the existing problems in judicialappraisal, to focus on the study on the definition of the trade secret’selements and scope as well as the scope and object of the judicial appraisal.It is also to analyze some existing problems in current judicial practicethrough a series of specific cases. By enhancement of the judicial appraisalsystem for the trade secrets infringement cases in our country and setup of adiversified management system, it is to achieve more scientific appraisalconclusions, more standardized management and more equitable justice.Through the above discussion, it is expected this article could add acertain reference value to our country’s trade secret infringement trialpractice.