Study On The Determination Of "Corresponding Confidentiality Measures" Of Trade Secrets

Trade secret right to take the corresponding confidentiality measures,as one of the three elements of trade secrets,is the focus of the process of identifying trade secrets,but also the judicial practice of identifying the difficulties of trade secrets.The corresponding confidentiality measures of trade secrets are determined by the will of the right holder to confidentiality,the nature of the trade secret and its carrier and the degree of correspondence with the commercial value and other factors.The court in the determination of the corresponding confidentiality measures,there are some commonality,namely,the number of confidentiality measures,the type of confidentiality measures and the corresponding confidentiality measures are not necessarily linked,the right to confidentiality measures is the premise of the corresponding confidentiality measures and the corresponding confidentiality measures need to reach a reasonable standard,these commonalities are the important reference of the court’s decision.However,because of the lack of hierarchy and dynamism of the rules of the corresponding confidentiality measures and the differences in the standards of the corresponding confidentiality measures,the rules of the corresponding confidentiality measures do not clearly distinguish between the factual determination and the limited determination,the enumerated provisions do not respond to the development of technology,the recognition standards of the identifiable degree are different,and the judges’ discretion is too large,which poses challenges to the corresponding confidentiality measures of trade secrets.At present,China has not yet formulated a special trade secret law,trade secret research focused on the composition of the elements of trade secrets,as well as drawing on foreign experience to advocate the development of a special trade secret law,the corresponding confidentiality measures identified less research.On the basis of the existing norms,the research focus on the corresponding confidentiality measures of trade secrets,the existing trade secret infringement dispute trial has important significance.Therefore,in view of the problems existing in practice,the corresponding confidentiality measures from three aspects to improve the determination: First,through a clear distinction between the factual determination and the limit of the determination of the standard and in the judicial interpretation of the explicit inclusion of digital confidentiality measures in two aspects,optimize the hierarchy of the corresponding confidentiality measures determination rules and enhance the dynamics;second,clear judicial trial standards,that is,clear identifiable degree of recognition standards and improve the case guidance system of trade secrets;third,on the basis of the existing corresponding confidentiality measures determination rules,the introduction of general principles and the combination of specific factors in the determination rules,applied to the case trial.