Protection Of Trade Secrets Of Client List

By beginning with the dispute case of trade secrets of “Reflective Material” and through conclusion and practice case analysis,the rational client list trade secret identification standard,client list infringement behavior identification standard and civil responsibilities for infringing upon the client list are concluded in this thesis.Part I analyzes corresponding focal points of the dispute by reviewing and analyzing trade secret dispute case of “reflective materials”.The following three parts discuss the focal points of the dispute.Part II discusses client list trade secret identification standard.There are four requirements for the client list to constitute trade secret: firstly,the client list features specificity.That is,the content of the client list should be concrete and definite.Secondly,the client list is not known to the public.According to stipulations of Chinese judicial interpretation,the content of “being not universally known” and “not easy to obtain” is not the same as TRIPS.Therefore,it is believed that it is necessary to revise the regulations on confidentiality.Thirdly,the client list possesses business value,including realistic and potential business value.Fourthly,the obligee has already taken rational confidentiality measures.On one hand,the actor has taken corresponding measures objective.On the other hand,the measures taken by the actor shall be rational.It means that others can be aware that the related information may be trade secret and the obligee may not suffer heavy burden.Part III discusses the identification of behaviors infringing upon the client list trade secret.Firstly,four types of behaviors infringing upon trade secrets are analyzed.The actor obtains other's trade secret illegitimately,discloses or uses trade secret improperly,discloses or uses trade secret by violating the contract or confidentiality requirements,and obtains,discloses or uses trade secret due to the mistake of the third person.Secondly,the standard for“substantial contact + same or similar content-legal source” summarized in judicial practice is discussed.Part IV discusses the civil responsibilities for infringing upon the client list trade secret.By taking dispute case of trade secret of “Reflective Material Company” for example,the discussion over undertaking of civil responsibilities is held in the paper.Firstly,the responsibility for cessation of infringement includes: firstly,cessation of infringement,provisional measures and ban are differentiated.Secondly,it is believed that the cessation ofinfringement will result into imbalance of vital interests or contradict against social public interest,or the cessation of infringement should be executed properly when it cannot be actually executed.Thirdly,it's believed that the cessation of infringement shall be limited to certain period,which shall be determined according to “the protection of the obligee's competitive edge over the trade secret”.Secondly,indemnity responsibility includes: it is overall necessary to observe the filling and level-up principle when it is applicable for indemnity.Secondly,the third person's subjective state is differentiated.The malicious third person should undertake joint and several liability with the tort feasor.Thirdly,when the indemnity amount is calculated,it should be ensured whether the client list trade secret loses confidentiality so as to be applicable for different articles of law.Considering elimination of bad effect,it is believed that it can be applicable for responsibility for elimination of effect under the specific situation that the actor destroys the business reputation of the obligee.