Determination Of Infringement Of Trade Secrets

As an important part of an enterprise’s intangible assets,business secrets have obvious advantages in market competition.However,due to the rapid development of new technologies such as the Internet and artificial intelligence,infringement of trade secrets is highly prevalent and the means of infringement are not easy to identify.The determination of infringement of business secrets belongs to the core requirements of the protection of business secrets,but there is currently no standard answer to the determination of infringements of business secrets in judicial practice,and the rights protection awareness of rights holders is generally weak.Value.This article first analyzes the status quo of the determination of infringement of trade secrets,analyzes the dilemma of determination;then explores the hot spots of foreign infringements of trade secrets,sums up the lessons for reference,and finally proposes legislative and judicial practice suggestions for the determination of infringements of trade secrets.First of all,from the perspective of legislation,analyze the definition,constituent elements,expressions,and exemption clauses of infringement of trade secrets to provide a legal basis for the judicial application below.Secondly,judicial practice focuses on the facts of infringement of trade secrets,the path of specific case determination,case big data analysis of the winning rate and the main reasons for losing the case,and the parties ’burden of proof.Based on the status quo,we analyze the plight of the determination of infringement of trade secrets in China,mainly including insufficient identification of improper means in the Internet field,unclear determination of infringing products of trade secrets,and emphasizing the difference between trade secret derivative products and infringing products,The practical applicability in judicial practice.Thirdly,the research on the determination of infringement of trade secrets abroad.The analysis was carried out from the United States,the European Union and Japan,focusing on the types of infringement of trade secrets,infringing products and unfair means.Finally,it summarizes the enlightenment and reference of foreign countries’ infringement of business secrets.Finally,suggestions for improving the rules for identifying violations of trade secrets.First,supplement the identification of the constituent elements of the infringement of trade secrets;second,improve the unfair means and specific manifestations of infringement of trade secrets,such as adding unlawful means such as cyber theft,cyber fraud,cyber coercion,etc.Products are subject to the scope of regulation of infringement of trade secrets.Third,the principle of "contact plus similarity minus legal sources" is adopted.In addition,it is recommended that the exceptions to the violation of trade secrets be improved by enumeration.