On China Commercial Secret Infringement Damage Compensation System

In recent years, with the rapid development of China’s economy, trade secrets to become an increasingly important asset, it is not only the owner can use it to enhance their competitiveness and expand market share, and because trade secrets are often advanced and practical technical information and management information, so the development of our society also has important significance. However, it is undeniable that China in recent years about the infringement of trade secrets is increasing, which is not conducive to the development of our society as a whole, proprietary technology and business information, but also led to the business dealings often violate ethical business behavior. Therefore it is necessary to give legal protection of trade secrets in order to protect business dealings of good morals and through institutional protection to the trade secrets of wealth has become an important means of promoting growth and technological progress. But it is undeniable that, since there is no good history of our tradition coupled with the market mechanism in trade secret legislation is not so perfect, resulting in at this stage of the legal protection of trade secrets is not so perfect, it is in practice reflected in trade secret infringement case to determine how a reasonable amount of damages. This article will link theory with practice, respectively, at the legislative level and explores the current judicial practice level of the Trade Secret Infringement how to reasonably determine the amount of compensation issues.This paper is divided into four parts, the first part of the concept of trade secrets and commercial secrets infringement paper introduces the definition of the relevant laws in our country at this stage of commercial secret, and on the basis of the above the basic definition of a trade secret analysis of its basic constitution Readers hoping to clarify the elements of a basic range of trade secrets; then this article discusses trade secret infringement, trade secret elements that constitute infringement, which used illegally trade secret acts of infringement and in practice how to trade secret infringement identified. The second part of this from a historical perspective as well as the relevant national legislation introduced in two legal representative national trade secrets infringement penalties in respect of infringement of trade secrets, which especially in the United States as a representative, regardless of their business secrets infringement of identification and to determine a reasonable amount of compensation, etc., all are thorough, and I hope the two legal systems in the country’s legal representative for our country can learn from business legislation in secret, to make our country in this respect Legislation can tend to improve faster. In the third part of this paper discusses the historical perspective from the legislative history of trade secrets, what sort of stage of the legal protection of trade secrets, and strive to exhibit clear picture of the legal system of the present stage of trade secrets; second chapter theory with practice, the first from a legal perspective explores our defects in trade secret protection, followed by article cited occurred society currently some cases trade secret infringement in the case as the starting point of analysis of the judicial practice on commercial secret infringement After determining how reasonable compensation to depositors as well as trade secret infringement cases the plaintiff to prove how defects on the amount of compensation it claims. The fourth part is for the defects of trade secrets tort damages explores solutions, the first to explore the need to address current deficiencies must refine our requirements concerning trade secrets tort damages from the level of legislation and the need for business secret legal protection system prescribed punitive damages regime; secondly, for the third chapter discussed practical level judicial shortcomings discussed in the judicial practice to determine a reasonable amount of compensation should be referenced when the compensation factor, and how reasonable allocation between the plaintiff and defendant in a trade secret infringement lawsuit proof. By discussing this article, the author hopes to alleviate the plight of China’s commercial secrets infringement damages when determining the amount of compensation face.