Study On The Regulations Of The New Anti-Unfair Competition Law On Infringing Trade Secrets

Under the background of economic globalization,strengthening the protection of trade secrets and improving the legal system of trade secrets are inevitable requirements of the market economy.It is precisely because of the purity of business ethics and the maintenance of market competition order that the law of unfair competition provides basic support for the protection of business secrets.Since my country's "Anti-Unfair Competition Law" was enacted in 1993,it has been revised twice.In April 2019,as the second revision of the anti-law,the four articles of trade secrets were changed.On the one hand,it introduces the inversion clause of the burden of proof;on the one hand,it adds new types of infringement of trade secrets and expands the scope of the main body of infringement of trade secrets.In addition,it also increases the punishment for infringements of trade secrets.This article is also based on the second revision of the "Anti-Unfair Competition Law",using the existing problems in the old law as a research basis,consulting relevant literature and analyzing the more controversial issues in judicial practice.The Law on the Protection of Trade Secrets as amended by the Sub-Anti-Unfair Competition Law is studied to further analyze the definition of trade secrets,the types and scope of acts of infringement of trade secrets,the burden of proof and the punishment liability for infringements.The Regulation of the Law of Fair Competition on the Infringement of Trade Secrets,and the significance of the revision of the Anti-Unfair Competition Law this time.This article mainly analyzes and demonstrates the amendments to the provisions on trade secrets in the new anti-unfair competition law.The first part of the article is the introduction.It explains the background and methods of the relevant research,and extends the regulation of the anti-unfair competition law on the violation of trade secrets and the necessity of research.The second part introduces the definition standards of trade secrets and the redefinition of trade secrets after this amendment.The identification and analysis of trade secret information involved in the case is the primary issue in the trial of trade secret infringement cases in judicial practice,and it is also an important problem with controversy yet to be resolved.The third part analyzes the necessity and significance of providing competition laws and regulations fornon-operators to infringe on business secrets in light of the problem of expanding the subject scope of infringements on business secrets in this amendment law,combined with the problems in the old law in practice.The fourth part first explains the particularity of the constituent element that does not require the existence of damage results on the standard of infringement of business secrets,and then combines the problems existing in the regulation of infringements of business secrets in the old law,with regard to the new anti-laws.Analysis of the "electronic intrusion" means,the expansion of the scope of "confidentiality obligations",and "instigation,inducement,and help" of indirect infringement by others.For the behavior of infringing business secret information by means of "electronic intrusion",you can refer to the "intrusion"behavior in the elements of the crime of illegally acquiring computer information system data to make a similar understanding,and predict that based on the "electronic intrusion" means in the network background Infringements on the business secrets of others will be common.In the follow-up practice,how to identify and deal with the electronic evidence generated by "electronic intrusion" will become an important issue in the trial of such cases;for violations of "confidentiality obligations",combine Judicial practice and relevant regulations outside the region have been re-understood and re-understood.This amendment to the law expands the scope of "confidentiality obligations" and strengthens the protection of trade secrets.Finally,the lack of clear legal basis for the regulation of indirect torts in conjunction with the old law It is difficult to identify indirect infringements during judicial trials,which increases the burden of rights holders in defending their rights.In addition,it raises doubts about the new anti-law in terms of terms.The provisions introduced in the fifth part concerning the distribution and transfer rules of the burden of proof can be said to be one of the highlights of this amendment.It has a great role in promoting the difficulty of the proof of proof for the rights holders in practice.First,the rules for the distribution of the burden of proof are introduced in The importance of applying trade secret infringement disputes,and comparing and clarifying the two rules of distribution of burden of proof,and then analyzing the distribution principle of "who claims and who gives evidence"applied in the case,the dilemma of the plaintiff's proof and the use of "contact Thesimilarity of the trial model is the rationality and limitations of judicial experience in the trial of relevant cases.Finally,the new law is added to the provision of the transfer of the burden of proof of the "new evidence by the plaintiff,the defendant assumes the obligation of self-certification and innocence".The regulations of the Chinese People's Republic of China have reduced the difficulty of the right holder's proof and provided the right holder with the convenience of litigation procedures.The sixth part discusses the new anti-law to increase the punishment of infringement of business secrets.In terms of civil legal liability,it mainly discusses the amendments made by the new anti-law to increase the amount of statutory compensation,and the introduction of an additional punitive compensation system.Administrative law In terms of liability,the amendments to the new law are briefly explained.The revision of the "Anti-Unfair Competition Law" strengthens the protection of right holders at the legislative level and provides a new legal remedy for the regulation of violations of trade secrets.However,due to the particularity of the trade secret disputes,the new law The specific provisions of the relevant regulations still need to be further explained in subsequent legal regulations or judicial interpretations.