Research On The Infringement Of Trade Secret In The Computer Software Field

Computer software in the field of trade secret is the undisclosed information including technical information and management information which is enjoyed by the computer software rights holders.There are three ways about the legal protection of computer software inside and outside, containing copyright protection way, patent protection means and contracts protection, but these three ways are unable to provide a comprehensive and effective protection for computer software. When the violations of computer software trade secrets occur, how to provide effective protection for computer software in the field of trade secrets, as well as how to identify the violations of trade secrets, it is to be explored.As a special kind of intellectual property, trade secrets is the results of information technology property, depending on the interests of maintaining security measures taken by holders of its value comes from its usefulness. Through translating into tangible sphere of production of material goods, its propose is to increase resource utilization capacity and to reduce the cost of producing goods of similar units, so that it can bring the actual or potential economic benefits and competitive advantages for the interests of people and get higher profits than their peers. Trade secrets can achieve its value even through the transferring and licensing.It is the result of self-protection holders. As long as it will not be leaked, trade secrets had been protected. The trade secrets in the field of computer software, in view of their technical characteristics and industry characteristics, it compared with the general trade secrets has a certain particularity, following two aspects: on the one hand, because of its own characteristics of the computer software compatibility, code easy replicability, diversity means, it has stricter legal regulations about conduct violating commercial secrets. On the other hand, because the computer software industry in the modern information society is an extremely important position, to equity holders of use terms of requirements more stringent.Computer software itself has the compatibility, easy to copy and other characteristics. Behavior directly related to the interests of the state and the confidentiality period. Determining the legality of the violations identified in close association with the reverse engineering, so the computer software field has multiple violations of trade secrets, the confidentiality period as well as unique characteristics of violations of the non-persistent manner. Based on computer software in the field of violations of trade secrets with the above characteristics, this paper summarizes the four specific forms: a direct violation of competitors, indirect competitors violations, breach of commercial credit disclosure and breach of confidentiality disclosure of trade secrets. Confirming violations of computer software in the field of trade secrets acts including infringement acts, the damage, the causal relationship and the perpetrator subjective fault, how to determine whether acts constitute a violation of trade secrets is a very important issue and playing a key role. Summed up, in the practice, "touch + substantially the same effective defense," this principle, for other problems in the field of computer software infringement of commercial secrets act also discussed, for example, the prohibition of competition and the burden of proof of computer software in the field of violations of trade secret protection.