| Technical secrets are a type of trade secrets,which specifically refer to technical information that is not known to the public,has commercial value,and has been protected by the right holders.China’s current laws have few regulations on technical secret infringement rules,and scholars have not done enough research on the infringement of technical secrets and the comparison of technical secrets and patents.The most important thing is that in the judicial practice of determining technical secret infringement,there are a large number of cases where patent infringement determination rules are applied without choice.Due to the lack of legal provisions and theoretical guidance,the rules are confusing and the scale of the adjudication is different,which has caused considerable controversy.This article attempts to start with the system objectives and legal provisions of the technical secret system and the patent system,and compare the "non-public" determination rules,the "value" determination rules and the "substantially identical " rules that are related to the technical secret infringement determination and patent infringement determination rules.In addition,with reference to the patent infringement comparison rules,this article specifically studies the judgment rules for the "substantial identical" rules of technical secrets.Finally,this article analyzes the rationality basis of the "presumption rule" in the determination of technical secret infringement. |
