Research On Compensation For Trade Secret Infringement

Trade secrets,as the unique technical information or management information mastered by commercial subjects in production and management,have dual significance to the development of enterprises and society.For enterprises,trade secrets can bring them rich profits,and even can be said to be the lifeblood of enterprises.For the society,it will promote technological or management changes,improve the utilization rate of resources and promote the sustainable development of the society.After the oblige trade secret is violated,in addition to criminal relief and administrative relief,the main way to safeguard rights is to resort to the court and request civil compensation.Due to legislative defects and judicial difficulties,the plaintiffs are in a relatively inferior position in the lawsuit of infringement of trade secrets.One of the most important problems is insufficient compensation.This article discusses the problem of "ten compensations and nine deficiencies" in the compensation for infringement of trade secrets.In addition to the introduction,the paper is divided into five parts:The first part introduces our country’s trade secret infringement compensation rules.Including the concept of trade secret and its constituent elements,infringement of trade secret,compensation principle and specific amount determination method.The second part has carried on the empirical research to the trade secret infringement compensation.Through case statistics,this paper analyzes the problems existing in the compensation for infringement of trade secrets,such as the low success rate of the right holders of trade secrets,the imbalance in the applicable proportion of different amount determination standards,and the large difference in profit and loss ratio.The third part introduces the relevant legal provisions on compensation for infringement of trade secrets in the United States.At the same time,it summarizes the enlightenment of American legislative experience to our country.The fourth part analyzes the causes behind the phenomenon of "ten to nine deficiencies" in trade secret infringement compensation through the empirical analysis in the third part of the paper and in combination with China’s current legislation on trade secret infringement compensation.The analysis focuses on the irrationality of the method for determining the amount of compensation for infringement,including the defects in determining trade secrets and infringement acts,the weak personality in determining the plaintiff’s loss,and the excessive application of legal compensation.The fifth part puts forward suggestions on the low odds of the plaintiff in the lawsuit of infringement of trade secrets.From the enlightenment of foreign trade secret protection legislation,this paper puts forward targeted suggestions on the principles of compensation for infringement of trade secrets,the determination of trade secrets and infringement acts,and the specific criteria for determining the amount of compensation.