On The Cognizance Of The Trade Secret Infringement And Legal Relief

With the development of market economy in China,trade secrets has becoming a key isssue for many enterprises.In recent years,there is an obvious increase in the quantity of trade secrets case which accepted by court house.Furthermore,the case involved bigger and bigger objects,which exert much greater infulence on the social economy.In our country,it is still a new task on the relieve of trade secrets tort. The paper set about on the relieve of trade secrets tort.The experience of trade secrets tort relieve from developed countries is taken into account. By comparing with trade secrets law of different countries .the paper analyzes the determination of trade secrets tort, the liabilities of innocent third party in the trade secrets tort, the distribution of the burden of proof, and puts forward some legislative proposals on the perfection of our legal relieve system of trade secrets tort. The paper includes four parts: Part 1 is the theoretic basis of trade secrets system.The definition of the trade secrets is fully discussed,which leads to the conclusion:the scope of trade secret protection is continuously extending.Part 2 analyzes the constitution of trade secrets tort behavior,inorder to confirm and relieve trade secrets tort behavior.Part 3 introduces overseas relieve system of trade secrets tort,also the author compares domestic relieve system of trade secets tort with overseas ones. In addtion,this part also analyzes the distribution of the burden of proof. Part 4 is the core of this paper, by according to the real situation of relieve system of trade secets tort in china, and refering to the experience of trade secrets tort relieve from developed countries, the paper initially brings forward the legislative advices of domestic relieve system of trade secets tort aiming at establishing a better relieve system of trade secets tort.