An Empirical Study On The Identification Of Trade Secret Secrecy

The case of trade secret infringement requires higher professional quality of judges,which requires not only familiar with the relevant legal provisions,but also rich practical experience.In determining whether a business information has the characteristics of confidentiality,judges often can not judge by their own professional quality alone,and need to refer to the special legal opinions issued by relevant institutions.Through combing the relevant laws and regulations on the confidentiality of trade secrets,this paper defines the identification dimension of trade secrets,and then,according to the characteristics of trade secrets infringement cases,as well as the doubts and difficulties in practical operation,puts forward suggestions on the determination of the identification dimension in judicial practice,in order to standardize the trial of such cases.This paper mainly uses the empirical research method to sort out the representative cases in judicial practice,so as to analyze the reference basis or standard for determining the confidentiality of trade secrets in practice.Firstly,it summarizes the general concept of the larger trade secrets,and then analyzes the smaller dimension of the confidentiality,so as to find out the characteristics of such cases in judicial practice,At last,the author introspects the connotation of secrecy and puts forward some suggestions to improve the identification of secrecy.The second chapter mainly introduces the general theory of trade secret and its secrecy.It is divided into two parts.The first part discusses the relevant concepts and legal characteristics of trade secrets,and the second part expounds the legal significance of determining the standards of confidentiality.The third chapter,from the perspective of typical case analysis,analyzes how to determine the main reference factors of "confidentiality" in different types of trade secrets.There are three forms of business secrets,namely business information,technical information and other business information.The fourth chapter is divided into two parts: the first part is to reflect on the current confidentiality of trade secrets in China.The second part is about the identification dimension of trade secrets,which mainly includes three aspects.The first is theaudience dimension: the identification of "the public" in secrecy;the second is the identification of "the general knowledge" in secrecy;the third is the acquisition possibility dimension: the identification of "easy to obtain" in secrecy.