The Research On Compensation Of Trade Secrets Infringement Cases

Under the influence of the Innovation driven policy, trade secrets has attracted more and more concern. It also has increased the number of the litigations over trade secret infringements. Real-world experiences show that calculation of damages is the emphasis and difficulty of target detection in tort action of trade secrets. The present calculation rules of trade secret damages are too abstract to guide practice.Two factors were responsible for this situation that it is hard to calculate damages. Firstly, the calculation rules of trade secret damages are too vague. Then the party find out that it is difficult to provide evidences as they do not know what to prove and how to prove. Secondly, the rules of proof in calculation of damages is ‘not valued’ which it is not conducive to the full protection of the rights.Theoretically speaking, the calculation rules of trade secret damages involves two important subjects, the calculation methods of damages and the rules of proof in calculation of damages. As well as both reasonable coordinate, can the presiding judge find out the case fact and make a reasonable conclusion of damages. On that basis, this thesis is divided into three parts to carry on the deficiencies and presents that need to be improved.The first part mainly explains the legislature and the judiciary of trade secret in China. Firstly, The article examines the legislative history of trade secret, and then summarize the trade secrets infringement cases, and finally This chapter also points out the limitations of the dissertation.The second part, the author introduce the legislation and practice of the US which provides a reference for us to improve the legal system.The third part, the author try to make the method of calculation tangible, mainly includes to clear the factors in the formula which need to be calculated.The last part is used to illustrate the rules of proof in calculation of damages. Through which the people could gather evidence effectively and the court could find the facts in the tort action of trade secrets.