The Research On Trade Secret Infringement Rules

In 1993,under the negotiation of intellectual property rights of China and the United States,China formed the "anti-unfair competition law”,the law stipulates the concept,constitutive elements of trade secrets and the rules of commercial secrets infringement.In the 21 st century,under the impact of the big data era of the Internet,the trade secret as a temporary competitive resource has fully displayed its superiority status.In the face of the complicated business secret cases and in order to apply the law and judicial interpretation,the local courts introduced their guiding opinions and typical cases.Collected and compiled 21 provinces' the local regulations,the court guidance,trial guidelines,and research reports,business secret cases operation guidelines,etc.,including: Beijing,Shanghai,zhejiang,jiangsu,fujian,chongqing,sichuan,xinjiang,Inner Mongolia,gansu,shaanxi and so on,and combed out 41 trial files involving the business secret,see attachment 1.After researching the above,when the court decided that commercial secrets infringement on secrecy and confidentiality,the relation of practicability and value,distribution of burden of proof,customer lists,identity decision rules and so on,such different phenomenon exists.In this paper,we study the different rules of different courts and make further research on the differentiation rules.This article contains the following five parts:The first part mainly discusses the source,nature and legal basis of commercial secret protection.The introduction of theories aims to prove that commercial secrets have property rights,although they do not have the absolute right,but should be protected as a right.The second part mainly explains the relevant rules of commercial secret infringement from three aspects: laws and regulations,judicial interpretation and local regulations.The third part mainly elaborates the court different rules of deciding the commercial secret infringement,on the components of the business secret,distribution of burden of proof,identity rules and the conflict of commercial secrets infringement under the new era.The fourth part as the core part of the article is researching the differentiation and coming up with the perfect ideas.This part carries on the three parts of the components of the business secret,distribution of burden of proof,identity rules.Fifth part is the new development of commercial secret infringement under the background of new era,pointed out that the new trend of secret rules,the judgement of the new object,and when using big data,the citizens' right to privacy should be respected.