Study On The Trade Secret Infringement Litigation Of The Burden Of Proof

Various commercial subjects under the market economy in mutually intensified competition among each other,in order to obtain and maintain a favorable competitive position in commercial activities,protect their trade secrets is particularly important.As a result,illegal acts such as theft,improper use of trade secrets,and employee disclosure of trade secrets by changing jobs have become more and more frequent,leading to a continuous increase in the number of lawsuits infringing on trade secrets.In order to ensure market stability and economic transactions,and earnestly safeguard the interests of the trade secret rights holders,a reasonable allocation of the burden of proof related litigation staff,clear evidence of the extent of each party facts to be proved crucial.Because our law burden of proof in violation of the relevant provisions of trade secrets more a lack of practice leading to different practice in such cases,the phenomenon of co-occurrence of different sentence,the author through text analysis,case studies and comparative analysis methods to be established with China's national conditions,etc.Appropriate evidence rules for infringement of business secret lawsuits.The problem that this article wants to solve is,in the case of infringement of trade secrets,the parties who have the burden of proof should provide evidence to prove or falsify the existence of trade secrets in relation to the existence of trade secrets,and how can the plaintiff go further after the establishment of trade secret Prove the other party 's infringement and how the defendant defended and how to give evidence to a bona fide third party under the legal gap.This article does not discuss from the general form of burden of proof,but refines the standard of proof burden transfer,and discusses the burden of proof of both parties in a trade secret infringement case based on the specific content of proof burden and the type of evidence.The right holder of trade secrets should still fully prove the three constituent elements of trade secrets,especially where the secret point of the proof information is crucial.The specific content and formation method of the proof information can be used to prove the confidentiality.Information has minimal novelty characteristics;the proof of commercial value can not ignore potential and indirect value proof and confidentiality measures should reflect a reasonable confidentiality intention.This article believes that the principle of "contact plus similarity",which is widely used in practice,has certain limitations.The three facts of "similarity","contact" and "exclude reasonable sources" should be reasonably distributed to prove that any two facts can presume the third The existence of facts infers the existence of torts,this method has a strong applicability.After the transfer of the burden of proof has occurred,the defendant may invoke the publicity and legal source to defend.As a bona fide third party in a trade secret lawsuit,if he wants to continue to use the flawed trade secret reasonably,he should prove that he paid a reasonable consideration and relied on the information to really change his status to defend.