Research On Computer Software Trade Secret Infringement

Computer software business secrets refers to the business information which is not known to the public that meets the requirements of commercial secrets laws and can create values or competitive advantages for computer software right holders,mainly including technical information and operational information of computer software.Debates about which mode should be chosen to protect computer software are still remaining among countries in the world since the birth of it in the 1960 s.But the mode of commercial secrets always occupies an important position and plays an irreplaceable role of legal protection in computer software.The computer software industry in our country has developed rapidly since the 21 st century.However,the legal protection of computer software is still not perfect enough because of late beginning.Therefore,this paper studies the issue of commercial secrets infringement of China's computer software through two typical cases in the perspective of trade secrets,which can be divided into four parts:The first part put forward infringement identification of the computer software business secrets mainly through two cases.The paper introduces the basic case of software trade secrets infringement disputes between Guanyi and Shangpai company,Tianjiao and Hengsheng company respectively,makes the analysis and summary of the focus of dispute in these two cases and summarizes the general idea of computer software infringement of commercial secrets in the justice practice(It has two steps,the first step is to judge the hold of software trade secrets that plaintiff insists,then judge whether the defendant infringes or not).The second part discusses the first step to solve computer software secrets infringement dispute in China's justice practice.The identification of whether the involved computer software belongs to commercial secrets is the premise to judge whether the defendant infringes or not.While the commercial software confidentiality is determined on the basis of delineating the specific secret information,andconcentrates on its secrecy,value and confidentiality,all of them are indispensable.The third part studies the specific rules of the identification of computer software commercial secrets infringement in China's justice practice.The court finally made a judgment on the basis of the rule of "contact + same substance--legal source",in which both the defendant and the defendant gave evidence about whether they had been exposed to the software trade secrets of the plaintiff,whether the software trade secrets of the disputing parties were the same in substance,and whether the defendant had a legal source of the software trade secrets of the software.The fourth part launches a reflection of the identification of current computer software trade secrets infringement in China and summarizes the inadequate aspects,such as incomplete judicial authentication,difficulty of "contact" the fact proof,the ignorance of public interest defense,no restrictions to reverse engineering.And then this paper put forward an improved direction.