Application Of Act Preservation In The Trade Secret Dispute Cases

Due to the characteristics of trade secrets,act preservation is regarded as one of the most important remedies in the disputes of trade secret infringement.However,due to the inappropriateness of relevant legal provisions in China,the scope of application for the act preservation in trade secret disputes,especially the act preservation before litigation,is very limited.This paper focuses on how to improve the application of act preservation in trade secret disputes.By conducting case study,this paper analyzes and summarizes the current situation of the application of act preservation in trade secret disputes.Based on the clarification on the basic connotation of each element in the necessity review of act preservation,the trade secret right holder should pay more attention to the proof of the elements of the necessity review according to the characteristics of the trade secrets,in order to obtain the approval of the court for the application of act preservation.From the perspective of system design,the law should clarify the basic connotation of the necessity review elements and make a distinction between act preservation before and in litigation.By setting different review standards and procedures for act preservation before and in litigation respectively,it may help to reduce the trial pressure of the court and improve the application rate of act preservation in trade secret disputes.