On The Judicial Precedents Concerning The Constitutive Elements Of Trade Secrets

The elements of trade secret are very important in the judicial practice,because it is not only an important material for the parties to exchange value in business activities,but also the premise for the parties to safeguard their rights.For a long time,no matter in the academic circle or in the judicial practice,it is difficult to form a unified judgment on how to identify and protect trade secrets.In 2019,the state revised the anti unfair competition law for a long time,in which the provisions involving trade secrets were revised,covering the subject,behavior type and other aspects of trade secrets,but the voices of all parties did not disappear.There are different opinions on this modification.In the future,it remains to be seen whether the judicial guidance of the new law can actually be implemented,how the courts around the country can unify the judicial judgment standards,and whether the recognition standards of trade secrets are clear.The composition and cognizance of trade secret are the basis of solving trade secret dispute cases,and the focus of the dispute is mainly embodied in the cognizance of the three key elements of secrecy,confidentiality and value.By combing the relevant theories and typical cases,based on the theory and practice,this paper investigates the specific content of judicial determination and legal regulation of the elements of trade secrets,and discusses some hot,key and difficult issues of judicial determination of the elements of trade secrets First of all,the issue of confidentiality focuses on the determination of the "public" scope and the establishment of review standards on the one hand,and on the other hand reflects the value of various resources invested by the holders of trade secrets for the development of the trade secrets.Secondly,the problem of value focuses on the improper identification of the value of applicable information and the improper identification of commercial value,and the identification of value should consider the competitive advantage as the standard to judge whether there is value and have unique commercial value.Finally,the problem of confidentiality mainly focuses on the problems of inconsistent standards of proof and excessive discretion space of judges.For example,the effective existence of confidentiality measures is the premise,and the special identity of the defendant should also be considered in special cases;the scope of confidentiality is the embodiment of the obligee’s will to keep secret,which should clearly include the secret points involved in the case.In addition,for the relationship among the three elements of trade secret,this paper holds that confidentiality and value are the premise and basis,and confidentiality measures are the necessary means to ensure the realization of the first two.The three elements are juxtaposed and organically unified and become an important element of trade secret.