On The Determination Of The "significant Loss" Of The Crime Of Infringement Of Trade Secrets

Currently, about the "significant loss" of the trade secrets, in practice, due to different standards and the local judicial organizations work so individually that there formed so many methods to confirm the financial loss of the owner. This essay is armed to point out the disadvantages of the methods and the techniques in the present. In fact, not only the different department as significant loss of standard multivariate, in some cases there is also the same judicial documents successively used multiple standard deemed "significant loss", so that same case losses have different standards. Comparison the author collected case at hand, it is easy to find, also exist in the process of the court's trial of multiple criteria for recognition of profit can be roughly divided into infringing the holder of the profit loss, as long as commercial secret cost.First,the status of the “significant loss” and the general situation of the crime breaching trade secrets will be noticed. Including the character of trade secrets and the legislative intent of this crime. In person that I think that "significant loss" is the crime constitutions of this crime, and the legislative intent is supposing to protect the order of the marketing economic,and the standardize of the management of the national intellectual property and to guard the legitimate rights and the interests of the owner, to prevent as long as to punish the infringement of intellectual property crime.Second,the criticism of "Significant loss" in the current judicial practice is the main part of this section. This chapter is attending to discuss the shortage in diversity of the identification of the loss, from two aspects: presents regulations and methodology.Last but not the least, in order to make a point that we should classify the cases according with the different type of the crime and then we can evaluate the worth of the owners' lost. The commercial secrets infringement cases can be divided into illegally obtaining business secrets but getting no further using or opening to the public, illegally obtaining commercial secrets and using it but without opening to the public and not only obtaining\using it but also opening it to the public.