| With the rapid development of the market economy,trade secrets have been paid more and more attention as the foundation of enterprises to settle down.However,with the rapid progress of network informatization technology,the means of trade secret infringement are also emerging with the times.Due to its own characteristics,the right to trade secrets is fundamentally different from other intellectual property objects.It is not the right to protect by exchanging part of the content.As a carrier,commercial information actually embodies the non-public knowledge,confidentiality and commercial value of trade secrets.Punitive compensation is a kind of compensation for the lack of warning,compensation and poor containment effect of compensatory compensation in the past.It is also a kind of punishment for the behavior of taking chances or trying to make use of the loophole in the proof.The successive proposals of laws and judicial interpretations related to punitive damages for the infringement of trade secrets have provided a solid foundation and strong guarantee for the application of punitive damages in the field of trade secrets.At the same time,it also provides a deterrent and warning effect on attempts to profit from infringing on other people’s trade secrets or other intellectual property rights.In order to create a good business environment,it is of great significance to vigorously develop innovation and creation.However,punitive compensation for trade secret infringement is still applicable with unclear application requirements,imperfect rules for calculating compensation base and multiples of compensation,and confusion between punitive compensation and statutory compensation.The lack of clear application elements and applicable standards is the root cause of the system of punitive damages,which has been proposed for many years,but has not been well applied in judicial practice.Under such circumstances,how to clarify the subjective applicable standards and objective factors applicable to punitive damages in the field of trade secrets,how to calculate damages for infringement and determine the punitive multiple by reasonable calculation,and how to determine whether punitive damages or statutory damages should be applied in the trial process have become the controversial points and difficulties in applying punitive damages for trade secret infringement.Through the analysis and collation of existing legislative and judicial interpretations and typical cases,this paper suggests that the criteria for determining subjective elements and the consideration factors of objective elements should be clarified in the legislative and judicial interpretation of trade secrets.When calculating compensation for tort damages,the calculation rules for punitive compensation should be improved,and a reasonable way should be chosen to calculate the basis of compensation and determine the penalty multiple.Finally,by limiting and correctly applying the application of legal compensation,the applicable relationship between punitive compensation and statutory compensation should be clarified. |
