The Judicial Appraisal And Protection Of The Trade Secret In Intellectual Property Litigation

With the development of the economy, the competition in the market is becoming increasingly fierce,and trade secrets are becoming vital resources in the competition between enterprises. As a result of that, an increasing number of tort cases are being witnessed in the field of the trade secret. As for the judicial practice, a lot of cases of trade secrets infringement are connected with professional technology, which involves a wide range of technical territories. However,it can not be ignored that most judges in intellectual property courts lack the knowledge of specialized technology, which hinders the rationality of judgments. To apply the law correctly and determine the fact of cases accurately, the judicial appraisal institution is required, which can help the judges to make fair trials. On the whole,The protection of trade secrets is not comprehensive, and many institutions need to be perfected. This article proceeds from judicial appraisal institution of trade secret, analyzing the problems of it,pointing out some other shortages in the protection of trade secrets, and then presents some suggestions which corresponds to the above problems. I hope that this article can encourage the development of the theoretical research on trade secret protection and the judicial practice.The article consists of five main parts:The first part illustrates the basic theory of trade secret which involves the definition and constitutive requirements of it.The second part illustrates the extent,content, and the necessity of the judicial appraisal institution.The main extent is the technical secrets.The content is about whether the involved technical information is known by the public and whether the technical information given by the two litigants is the same or substantially the same.The third part analyses the problems in the procedure of the judicial protection on trade secret, which are about the problems in the start of the judicial appraisal, the choosing and appointment of the agency as well as the professionals, and the entrusting of the testing items.The fourth part points out some other problems of the judicial protection on trade secret,for example,how to examine the applying of evidence perpetuation,how to distribute the burden of proof, and how to verify the secretive evidence.The fifth part gives some suggestions from the respects of legislation, the perfecting of institution and propaganda in corresponding to the above problems.