Research Of Commercial Secrets Infringement Damage Compensation

There used to be a proverb that “remedy is prior to right”.If a right cannot be effectively remedied in a timely way,it is difficult to say that it is a legal right in a strict sense.Trade secrets are the “secret weapons” for the modern enterprises to participate in market competition,and intangible assets able to bring potential or real economic benefits and competitive advantages.Among different intellectual property infringement cases,the damages of trade secret infringement has been paid much attention,because the damages as a form of relief plays an important role for the rights owner.And all trade secrets infringement cases must solve the problem.Specifically,on account of invisibility of the trade secrets,diversity of infringement and difficulty to calculate illegal income of the infringers,damages also tend to have great difference in the same or similar cases.Therefore how to determine the damages in the litigation becomes a prominent problem in the judicial decision.This paper centers on the problem of the trade secrets damages and related issues,through interpretation of the concept of trade secret damages,in combination with empirical research and analysis of typical cases to explain the prominent problems clearly,at the same time,comparative analysis about damages regulations among other countries and regions in the world,summarizes the problems and corresponding reasons in our country,and puts forward reasonable suggestions.This paper is divided into three parts:The first part summarizes,from the perspective of judicial empirical research,firstly describing the process of legislative evolution around the concept of commercial secret infringement damage compensation,followed by empirical analysis,and using data as a reference for explanation and analysis,from which relevant data are summarized.The issue of compensation for infringement damages in trade secrets.;The second part is the theoretical interpretation of the relevant data analysis.This part is based on the data analysis of the first section,the second section and the third section of the data analysis.It conducts in-depth theoretical analysis on the problems derived from data analysis,and revolves around legislation/statutory compensation/actualization.Loss/exhibitions and internal management of trade secrets were analyzed,and the problems and causes of current China commercial secret infringement damages were summed up.The third part responds to the above-mentioned problems and is also the core part of this paper.It responds to the theoretical analysis of the second part and summarizes them one by one.and puts forward reasonable suggestions in view of status quo of trade secret damages in our country.