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Discussion On The Burden Of Proof In Trade Secret Infringement Litigation

Posted on:2016-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:S LinFull Text:PDF
GTID:2356330512476403Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In a market economy,competition among enterprises is becoming more and more fierce.To protect trade secrets well enables enterprises to gain or maintain competitive advantage status.The more fierce the competition,the more frequent the infringement of trade secrets.Infringement of trade secrets caused by a theft,inducement,improper use,disclosure of trade secrets and employee turnovers is endless,leading to a sharp rise in the number of trade secret infringement litigation.In order to maintain an orderly market competition and protect the legitimate interests of owners of trade secrets,a reasonable allocation of the burden of proof between the parties is very important.However,China lacks specific provisions in this area.I try to build rules of burden of proof allocation for our trade secrets infringement litigation through literature analysis,empirical analysis,comparative analysis and other methods.This paper is divided into five chapters.The first chapter introduces elements of trade secrets,main types of trade secret infringement and theories on allocation of burden of proof in common law system and Continental law system,as basis for later discussion about the content and the allocation of the burden of proof.The second chapter describes the status quo of the burden of proof in trade secret infringement litigation in China,introducing current legislation,judiciary and the problems thereof,and the theoretical differences and related theories.The third chapter compares the allocation of burden of proof in trade secret infringement litigation in China and America,with intention to get inspiration and to improve the legislation in our country.We should not fully apply the rule of "who advocates,who proof" to trade secret infringement litigation,instead we should build a standard of "probability dominant".Based on the argument above,I talk about some improvement on allocation of burden of proof in trade secret infringement litigation in China.In accordance with the general idea of a trade secret case hearing,the improvement is divided into two chapters.The fourth chapter discusses the improvement on burden of proof of elements of a trade secret.Firstly,the plaintiff proves the scope and ownership of trade secret rights,and that the information meets the requirements of a trade secret.Then the defendant could argue from two aspects,that the information is public and it doesn’t enjoy confidentiality.In addition,the internal logic among requirements of a trade secret should be noticed,and the requirements could be indirect proof of each other.The fifth chapter discusses the improvement on rules of proof in trade secret infringement litigation.According to different infringement types and plaintiffs’different proving methods,the defendant could argue as a defence that the information is dissimilar and that the information is legally gained and used.
Keywords/Search Tags:trade secrets, tort, the burden of proof
PDF Full Text Request
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