Flaky Bookshop Co. V. Across The Taiwan Strait Commented On And Press The Infringement Of Business Secrets Such As Dispute

Market mechanism cannot leave the competition mechanism, "anti-unfair competition law" promulgated in 1993, the main purpose is to stop ACTS of unfair competition, protect the legitimate rights and interests of operators and consumers. However, with the continuous development of the socialist market economy, the ACTS of unfair competition growing and increasingly serious, such as infringing business secrets. How to more clearly define the business secret and skilled effectively accurately analysis whether violated commercial secrets, fair and reasonable to calculate damage caused by the infringement of trade secret is urgently needed to solve practical problems.Expressed in Beijing bookshop books co., LTD. V. Taiwan press, trade secret infringement case, Beijing expressed his bookshop books limited liability company think Taiwan publishing the conversation with foreign leaders and reporter deng xiaoping a ling copying a foreign leader deng xiaoping and the reporter asked, constitute the infringement of trade secret, as will press to court in the Taiwan straits. Controversy on the case, there are two:one is the book of the planning ideas, layout style, content and implementation scheme is belong to commercial secrets, the second is how to calculate the damage caused by the infringement of trade secret and reasonable expenses. After first instance and second instance, the court concluded that Beijing expressed his bookshop books co., LTD. "deng xiaoping a foreign heads of state and the reporter asked," a book on the planning idea, layout style belongs to the commercial secret, content selection, and implementation plan cannot be reflected in the book, do not belong to the commercial secrets. Then, the court adopts the limitation of "compensation" and the calculation method of ordered Taiwan press for Beijing expressed his bookshop books limited liability company economic loss of five hundred thousand yuan and reasonable litigation expenditure of five thousand yuan. The compensation for smaller obviously, flaky bookshop books can’t fully make up for the Beijing co., LTD for any loss or damage sustained. Against such a dilemma, should further improve the calculation of damage caused by the infringement of commercial secrets of the method, so as to better safeguard the interests of the victim operator, reflect the justice of law, effectively curb ACTS of unfair competition, has a good market economy order.