Research On The Civil Remedy Of Trade Secretinfringement Damage ——Focusing On Punitive Damages

Trade secrets have gradually become an important support for the survival and development of all kinds of enterprises,as well as the focus of enterprises to improve their competitiveness.To encourage technological research and development,the country is also constantly improving laws to strengthen the protection of trade secrets.On April 23,2019,the Standing Committee of the 13 th National People’s Congress revised the Anti-Unfair Competition Law,one of the key points of which is the revision of trade secrets,and stipulates that the infringement of trade secrets can be subject to punitive damages,which is the first time that China has stipulated punitive damages for trade secrets.On May 28,2020,the third Session of the 13 th National People’s Congress adopted the Civil Code,which makes it clear that trade secrets are the object of intellectual property rights and stipulates that punitive damages can be applied for infringement of intellectual property rights.The amendment of Anti-Unfair Competition Law and the promulgation and implementation of Civil Code make the protection of trade secrets in China more comprehensive and rigorous.However,punitive damages have obvious asymmetry with the victim’s loss,and have the nature of public law.Therefore,applying punitive damages to the protection of trade secrets in the civil law field needs sufficient support in theory to ensure the rationality and authority of its legislation.In the application of punitive damages and the protection of business secrets,commercial secrets of the need to clarify first concept,in order to make clear the standards of business secret,on this basis,to determine the subjective and objective constitutive requirements of trade secret infringement,determine the applicable conditions of punitive damages at the same time,to better protect trade secrets in the legal practice.In addition,because the time of establishing punitive damages for trade secrets in China is not long,some regulations are not comprehensive and need to be further improved.This paper studies the legislation and legal practice of punitive damages for trade secrets,finds out the shortcomings,and puts forward some suggestions in order to contribute to the protection and relief of trade secrets.