Research On The Judicial Application Of The Legal Compensation For The Infringement Of Commercial Secrets

Since the promulgation of the Anti Unfair Competition Law of People's Republic of China in 1993,the legal protection system of trade secret has been established formally in China.In the past ten years,a large number of papers and Monographs on trade secrets have been published,and many questions seem to have the answer.But in fact,both academic research and judicial practice,there are some deep-seated problems have not been resolved.The legal compensation system of trade secret is one of them.In recent years,with the continuous development of the market economy,the status of trade secrets in enterprises is becoming more and more prominent.In judicial practice,there are more and more cases of infringing trade secrets,which are more and more and more and more professional.The business secret is a kind of intangible property right,the real business value is difficult to determine,in after the infringement,trade secret rights of the actual loss and the infringer'sinfringement profit in practice it is difficult to identify specific and effective,reasonable multiples of license fee for compensation due to harsh conditions,it is rarely used in practice.Thus,in the trial,the statutory compensation has become the main way of compensation for the infringement of trade secrets cases.The author has been engaged in relevant judicial work,found in many years of experience in judicial practice,the legal compensation system as the most commonly used way of compensation in judicial practice is not conducive to the protection of commercial secrets of the rights of human rights.The most outstanding performance is that it limits the amount of compensation,inadequate compensation,there is a "Ten Lost nine" phenomenon.If the right people even compensatory damages are in hand,if such a successful,such judicial protection still have what meaning?I hope that through this study,to clarify the commercial secrets of the statutory compensation system in the framework of the commercial secrets of the contour,including the legal compensation system of nature,history,characteristics,advantages and limitations.And in the case of judicial practice should be how to flexibly apply at the same time,I hope that through the study of relevant judicial practice case the statutory compensation system to put forward some more quantitative and more detailed elements.For the perfection of the legal compensation system of the trade secret and the application of the system in the judicial trial,the author put forward his own suggestions.In the current academic research on business secret legal compensation system is very limited,has not received much attention of researchers,but in judicial practice,the legal compensation system of the challenge is imminent,need more theoretical support and academic response.This paper is divided into five parts:The first part is the overview of the basic legal compensation system of trade secrets,introduces the basic content of commercial secret and commercial secret legal compensation system,including the basic concept,characteristics and advantages of the system,and the provisions of the law on trade secrets legal compensation system of normative analysis.The second part is the legal analysis of business secret legal compensation system,on the basis of the first chapter,discusses the deeper level of trade secret legal compensation system,mainly discusses the commercial secret legal compensation is a system or a calculation method of business secret,legal compensation for punitive damages and compensatory damages is the two the problem,focusing on the application of punitive damages in compensation system of commercial secrets.The third part is the application of commercial secret legal compensation in the judicial system,mainly from the three aspects of the applicable conditions,compensation mode and reference factors are discussed,the focus is lack of business secret legal compensation system of the existing judicial practice embodied in the three aspects of the problem.The fourth part is the specific construction of commercial secret legal compensation system,on the basis of the discussion in the first three parts of the system to put forward their own opinions and views,mainly from the legislative model,the applicable conditions and parameters,to determine the amount of punitive damages,five specific aspects of the construction of the system.The fifth part is the conclusion.