Study On The Judgment Of Non-public Knowledge In Business Secrets

In judicial practice,because of the complexity of the business secrets cases,the judge has difficulty in the trial of these cases.Among them,determining whether a business secrets information in line with the characteristics of the judge is non-public understanding is an important step in the process,also is a difficult step.It's important and complex to define what the business secrets is,and the characteristics of the non-public intellectual are the distinguishing features from other conditions.Through several elements of business secrets understanding of relevant laws and regulations of the non-public hearing of this type of case review,combined with the difficulties encountered in the judicial practice,the author put forward the legislative and judicial suggestions,the judges have more clear and accurate on the basis of business secrets in the trial of cases,in order to better hear the case.This paper mainly through the comparison of domestic and foreign intellectual of non business secrets of the relevant laws and regulations,to explore the meaning of non intellectual from the whole,characteristics and the relationships between the business secrets and other elements.And then combined with the specific case in the judicial practice,the requirements of the main features of non-public intellectual scope,object scope,field,carding and the analysis of known geographic scope and the difficulty of obtaining such problems,which summed up the judge should be paid attention to in the process of determining whether has the characteristics of the non-public intellectual problems,and these problems are related to strive for China's judicial practice of non intellectual trade secrets infringement and provide reference or regional implications.The problem relates to the business secrets of non-public intellectual,judicial identification problems in legislation is still not perfect,so as to perfect the legislation for judges to exercise discretion Right provides a better basis.In addition to the introduction and conclusion,this article is divided into four parts:The first part combines analysis of international conventions,the United States,Germany,Japan and other countries,the relevant provisions of the non-public business secrets of China's Taiwan district and the intellectual in the mainland of China,the business secrets of the important position in the intellectual judgment of non-public business secrets cases.Second,we will discuss the business secrets of non-public intellectual relativity and the objectivity of two characteristics,in-depth understanding of non-public intellectual business secrets related conditions combined.In addition,it also explores whether the relationshipbetween several other elements of intellectual and business secrets in public and non-public understanding include novelty and other issues,considering various factors of business secrets in judging non-public intellectual.The second part discusses the practice basis to determine the business secrets in non-public intellectual standards,mainly includes five aspects: "unknown to the public" in the public scope of "non public" known in the object scope,"unknown to the public" in the field of the scope of non-public information is generally known and readily available,"unknown to the public" in that area.In the decisive process,the "public" standard should be how to recognize discrimination,whether it should be admitted that the non-public intellectual has regional characteristics,how to determine the problem of "knowing" and "easy" is a specific degree we need to consider the academic understanding of the problems there are controversies in judicial practice to solve these problems also exist differences,and therefore need to clarify the understanding of the differences,to provide a unified practice Standard.The third part is about the business secrets of judicial identification non-public intellectual,because business secrets is difficult to determine the non-public understanding,so to professional issues involved in and the need to rely on the judicial identification.This part discusses three problems: one is the necessity of Business secrets Intellectual identification is two non-public;The second scope of business secrets non intellectual the identification,discusses the business secrets business information should not be included in the scope of non intellectual identification;three is the use of non-public intellectual expert opinions about trade secrets.The fourth part is the most important part of this article,in this part,the public decision process put forward some suggestions,hoping to give some inspiration.The legislative department and the judge is a clear understanding that when non secrets,to determine the secrets point,both for the parties the burden of proof or judge on the trial of the case,can save time and cost,avoid spending too much energy in the non secrets point,to do useful work.More importantly,it is also an essential step in the litigation.Determine the secrets points in favor of clearly the rights and obligations of the parties,more conducive to the support of the plaintiff claim,also found the defendant to judge whether the behavior of infringement provides a clear discrimination than content,thus becoming the reference case.The second is clear that the relevant information is not readily available "" In the non-public intellectual judgment in position,this is mainly due to the provisions of the "general knowledge" and "easy" relationship between the existing judicial interpretation of the provisions appear contradictory,making the provisions of intellectual decision business secrets non-public is not precise enough.Thirdly,it is reasonable to determine the burden of proof of business secrets non intellectual,rational allocation of the original the defendant the burden of proof,can better promote the procedural and substantive justice.The fourth is the scope of the proposed clear business secrets in legislation of non-public intellectual identification.