Research On Suggestions For Perfecting The System Of Punitive Compensation For Trade Secrets In China

The earliest regulation of the system of punitive damages of China is in the protection of the rights and interests of consumers,and those specified in the field of intellectual property rights by the earliest is revised trademark law in2013,in order to further strengthen the field of intellectual property right protection,Draft amendments to the copyright law and the patent law have also been rumored to include punitive damages.More striking is that,in the copyright law and patent law draft delays in through,on April 23,2019 the 13 th session of the standing committee of the National People Congress announced the 10 th meeting of the new revised anti improper competition law,which specify the punitive compensation system in the field of commercial secret infringement.This also reflects the serious problems in the field of trade secret protection in China.Although the newly revised anti-improper competition law explicitly stipulates the system of punitive damages for the first time in legislation,it has a great deterrent effect on curbing the infringement of commercial secrets.But this legislation is relatively rough,the market economy changes,the specific case is intricate,It brings a big problem to judicial practice.The main performance is as follows: the applicable condition of punitive damages system is described as a serious act of malicious infringement of trade secrets,for how to judge the subjective malicious and serious law does not have too muchexpression,Such a provision has certain difficulty in judicial application.In this revision,the calculation method of the amount of compensation is the actual loss of the right holder and the benefit gained from the infringement.However,how to calculate the two calculation methods and what are their considerations are still blank,and how to improve the burden of proof for both parties in these two calculation methods.In addition,Although the amendment raised the legal limit of compensation to 5 million yuan to strengthen the protection of trade secrets,but there is an indisputable fact that there is excessive application of legal compensation in the actual judicial trial,How to define the relationship between legal damages and punitive damages needs careful consideration.The problems shown by the above provisions of the law make it difficult for the judge to apply the law.In view of the experience in the implementation of the punitive damages system,the implementation and application of a system can not only be a few easy legal provisions to ensure that its due role is played,how to correctly apply in the actual judicial trial needs a series of relevant scientific and reasonable system provisions to escort.On the basis of referring to relevant legislation and judicial practice abroad,and combining with national conditions of China and the operation of market economy,the paths to improve the punitive damages system for commercial secrets in China are as follows: improving the judgment standards for subjective malice and seriousness,and improving the applicability;The calculation method of the amount of compensation should be refined toprevent the phenomenon that the amount of the same case is different;Clarify the relationship between statutory compensation and punitive compensation to prevent the excessive application of statutory compensation.