The Research On Compensation Of Trade Secrets Infringement Damages

Claims for damages for infringement of trade secrets have always been an important part of the legal protection of trade secrets.With the intensification of market competition,various means of infringing trade secrets are going to extremes,and their destructiveness and concealment are increasing day by day.Therefore,many countries have enacted corresponding laws to protect the legitimate rights and interests of the right holders of trade secrets.However,the repeated prohibition of infringement and various forms of infringement have brought many troubles to the application of the law.Especially in the determination of damages for infringement of trade secrets,there are great differences between legal provisions and judicial practice.For this reason,this paper will demonstrate this issue from the following aspects.This article will start with the study of business secret infringement disputes,and analyze and summarize the problems of the identification of tort damages in specific business secret cases.The first part of this article is a specific analysis of a typical case of trade secret infringement disputes,introducing the general circumstances of the case and the results of the adjudication,from which we can draw the focus of the dispute in the case.The second part of this article first introduces the judicial status quo of the determination of compensation for damages in trade secret infringement in China,which mainly reflects the reality of insufficient compensation for damages in trade secret infringement disputes in China.Secondly,this paper explores the causes of this situation and the problems it brings,such as: the inadequacy of the current way of identifying damages leads to the difficulty of accurately calculating the amount of damages;the difficulties faced by the obligee lead to the failure of proof,which makes the obligee unable to obtain due compensation,or even though winning the lawsuit,but unable to obtain full compensation due to insufficient evidence;A large number of applications,on the one hand,lead to insufficient compensation for the obligee,on the other hand,also make the infringer profitable because of the low cost of infringement,thus encouraging existing and potential infringers to carry out more unbridled infringement,resulting in more infringement of business secret obligees,which will lead to vicious deterioration and so on.The above problems need to be solved urgently.The third part of this article mainly studies the way to determine compensation for damages caused by infringement of trade secrets,and puts forward corresponding suggestions based on the judicial practice and legislative experience of other countries.Firstly,the current ways of identification are refined,such as defining the scope of the actual loss of the "obligee",defining the considerations of the loss of the obligee;how to determine the reasonable profit in the "infringer's profit" and how to define the profit part which belongs to the business secret involved;how to determine the reasonable multiple of the "licensing fee" and how to get its base,and how to license it.How to prove the authenticity of the contract? In view of "statutory compensation",we must avoid the simple application of this method.We should treat it carefully and try to establish a detailed list of considerations.The principle and method of determining the amount of damages through negotiation between the parties are discussed.Secondly,using the experience of other countries for reference,this paper explores the feasibility of breaking the applicable Order of current identification methods,and tries to establish multiple methods of overlapping application.The fourth part of this article mainly solves the problem of the obligee's proof and clarifies the burden of proof of the obligee and the infringer.It needs to be clear that under the tort determination standard of "substantial similarity plus contact and exclusion of legal sources",the plaintiff(obligee)and the defendant(infringer)should bear different burden of proof when applying different ways of identifying damages,instead of mechanically applying the principle of "who claims,who evidences".The purpose of this part of writing is to distribute the burden of proof reasonably to both parties according to different ways of identification.The fifth part of this paper mainly discusses the necessity of establishing the punitive damages system in our country,as well as the establishment of punitive damages system in line with the current situation of our country based on the national conditions.In addition,in practice,the amount of damages is calculated by the liquidated damages stipulated in the confidentiality agreement.Temporary injunction system also plays an important role in trade secret cases.These two parts will also be appropriately discussed in the paper.The last part is the conclusion of this paper,which summarizes the foregoing and looks forward to the future.Only when the problems related to the determination of compensation for damage caused by infringement of trade secrets are solved,can the legitimate rights and interests of the obligee of trade secrets be guaranteed,and the market economy can develop in the right direction.