Determination Of Reasonable Measures To Protect Trade Secrets In Infringement Litigation

The identification of reasonable measures for trade secrets is a problem that must be analyzed and resolved first in the process of handling trade secret litigation,and it is related to the determination of whether the trade secrets claimed by the right holders exist.As an intangible property,trade secrets cannot guarantee their exclusive rights through the confirmation of state organs because of their secrecy.This is the main difference between it and patents and trademarks.The right holder must consciously implement certain measures to ensure his Control of information.However,the identification has always been a major difficulty in the judicial protection of trade secrets.China's current relevant regulations are mainly found in the Anti-Unfair Competition Law.Other relevant departments and courts at all levels have also issued relevant regulations,explanations,opinions and guidelines;other countries in the world such as the United States,Japan,Russia,etc also have regulations,but each is different.Comprehensive countries around the world and China's relevant regulations,the specific title of reasonable measures is not uniform;the criteria for judging the rationality are also different,the provisions are not perfect,and thus the difficulty of applying the law increases,the judgment of the case is not clear,lack of logic Sex,hierarchy and operability,Bringing great challenges to judicial trials.Therefore,whether based on the balance of comprehensive interests of each subject or the actual needs of judicial trials,the discussion of reasonable measures for trade secrets is an important research topic that cannot be avoided.Therefore,this paper proposes that it should be expressed as “reasonable measures for trade secrets” for the inconsistency in the title,and it is more in the identification of reasonable measures.It should be based on the nature and characteristics of trade secrets,and clearly based on the balance of interests,according to the Logical route of The scope of trade secrets-the rights holders have subjectively confidential meanings-objectively adopted reasonable measures-Judging rationality of reasonable measures to conduct comprehensive analysis and judgment.At the same time,it also considers some problems reflected in the practice of specific case trials,and puts forward some problems that should be paid attention to in the judicial determination of future commercial secret secrecy measures,and analyzes the judgment criteria of reasonable measures for trade secrets that are in line with China's actual development.