The Discussion On The Legal Protection Of Customer Lists From The Perspective Of Plaintiffs

With the rapid development of economy today, the company, which is an essential form in the society,plays more and more important role in the society. The importance of Trade Secrets, which can be briefly composed by “Technical Secrets” and “Operation Secrets”, has been realized by an increasing sum of companies in the fierce competition. Apart from a small amount of companies that control the advanced technology and output supreme products that can occupy the seller’s market, most of the companies, which use more important Operation Secrets that contains customer lists, sales strategy and model of management to compete, are struggled by the fight for the limited customers. At present, the flow of talent becomes more frequent in many companies, especially small ones. Former companies’ trade secrets are served as their“capital”for the career changers. Their former customer lists are served as their new company’s source of marketing. The talent build their own business by these valuable lists. In this case, it is vulnerable that they be stole by the former company’s competitors, which will cause heavy economic losses. If it did happen, the former company would choose the working company, having the same or similar business, and former employee as co-defendant. Moreover, the former company would sued them to the court, asking for the right of some customer lists,asserting for the assurance of offence against Commercial Secrets and the sanction of the action against the law.However, it is not rare to see the phenomenon of plaintiff lost in the tort case of customer list.There are many reasons to explain it, the author will follow this order to write the following paper: Discovering the question is the priority. Then introducing the question is the clue to find the reason. Eventually, bringing out the suggestion is served as the solution. The judicial protection of customer list is exemplified by the view of the prosecutor The frame of the paper is built by the burden of the accuser’s persuasion and the logic of the judge’s inquisition in the court.Some relevant suggestions are brought out by the further discussion of the practical lawsuit analysis and the reason why the prosecutor lose the case macroscopically. During this process,some relevant data will be used as a means to analyze the tort case of customer list. These useful suggestions will teach the prosecutor how to attack and defend in the tort case.As for the “how to attack”, it is explained by the burden of the accuser’s persuasion as the beginning. And then the fact that the customer list is considered as trade secret is unsealed. Meanwhile the tort of defendant and the accuser’s lost is proved. So is called, “To attack your shield with my spear.” As for the “how to defend”, the strategy is taken out by the defendant’s counterplead, which is on the basis of the fact that the trust of the customer do not lead to the tort. This is another example of “ using my shield to against your spear.”The author hopes her paper can enlighten the accuser in the tort case of customer list. Specifically, it can make the prosecutor further understanding of the customer list. Let him know how it is composed, what is its concept and character.Meanwhile, it is possible for those prosecutors to know how to raise evidence in the process of the customer list’s tort by the help of this paper. This paper can be a good guidance for the accuser to do the lawsuit.