The Commercial Secret Infringement Litigation Of Burden Of Proof Allocation

With the development of economic globalization and the adjustment of global economic structure,the new trend of industrial development.With the market competition becoming increasingly fierce,as a kind of patent,trademark and copyright and other intellectual property rights is different from the traditional intellectual property rights,trade secrets have gradually become the focus of enterprise competition,the commercial secret infringement disputes increase more.The business secret is a kind of intangible property,can bring real or potential commercial value to the right people,but because of the existence of market acts of unfair competition of all kinds of uncertainty,which is influenced by the protection of commercial secrets.This article from the Constitution and the requirements of the concept of trade secrets,the commercial secrets infringement problem is the core problem of infringement of trade secrets to be solved,but also the commercial secrets infringement cases in the trial of more complex issues.Combined with the summary only to build a scientific and reasonable commercial secret infringement cognizance system of tort theory,effectively prevent and combat,can effectively protect business secrets and maintain a good market order.The distribution of the burden of proof plays a very important role in the trade secret infringement litigation,which involves the fair competition and the protection of the interests of the obligation.Based on the comparison of two kinds of allocation of the burden of proof of principle,the reasonable allocation of the burden of proof to explore,so that the infringement of trade secrets are confirmed,so as to ensure the fairness of the market and the enthusiasm of the main body of market competition.If we want to achieve a fair trial,we must reasonably determine the allocation of the burden of proof.