Research On Damages For Trade Secret Infringemen

The existence of trade secrets can be said to have a long history,as early as in the slave society in the long-term production practice of the formation of ancestral secret recipe,and through the secret to obtain competitive advantages.Today,with the rapid development of economy and technology,trade secrets play an important role in the development of individuals,enterprises,society and countries.Trade secret is mostly the wealth password for enterprises to obtain profits.Intangible trade secret is very easy to be infringed by others,resulting in huge losses for the holders.The booming development of new technologies in the Internet era has provided convenient means for the theft of trade secrets,making it increasingly rampant.In international relations,the United States has raised doubts about China’s level of trade secret protection,which has become an important part of sino-US trade conflicts.Protection is at stake.The theory of contract,tort,property right and anti-unfair competition all provided the theoretical basis for the protection of trade secrets by law.At this time,the theory of intellectual property became the mainstream.With the in-depth development of the theory,the intensity of trade secret protection is gradually increasing,and the understanding of the essential attributes and value positioning of trade secrets is gradually deepened.There are two dilemmas in the protection of trade secrets: one is whether the information involved in litigation constitutes trade secrets;The second is the compensation for infringement of trade secrets.The first problem is more of a technical practice problem,this paper chooses tort compensation for legal level of discussion.The first chapter of this paper combs the legal development of trade secrets from the perspective of historical evolution.Firstly,it introduces the protection of trade secrets in Anglo-American law through legal cases and legislation,and the construction process of the protection of trade secrets in the civil law system.From the perspective of comparative law,it has certain reference significance for the protection of trade secrets in China.The second part first introduces the external performance of the legislation of compensation for infringement of trade secrets in China,and then introduces the internal concept and value of compensation for infringement of trade secrets,such as concept and connotation,legislative purpose and calculation basis.The third part is the legal problems existing in the judicial application of trade secrets in China.Basic principles affect the specific judicial system,so it is necessary to analyze and define the concept of trade secret protection before it can be protected.Trade secrets have always followed the patent system without paying attention to the differences between the two.The problem of low compensation has always existed in the empirical research of trade secrets,and the punitive compensation system has also experienced many debates.Finally,it has been successfully introduced into the system of trade secrets,but it still needs to be deeply understood in practical application.The second chapter analyzes the principles of its protection from the theoretical level.Starting from the fundamental problem of legal attribute,as the basic premise of the scope and intensity of the protection of trade secrets.Different from traditional property rights,intangible intellectual property rights have stronger public attributes,so we should abandon the thinking mode of equating trade secrets with ordinary civil property,adhere to the principle of balance of interests and the principle of proportion,realize the balance between private interests and social public interests,and balance between protecting trade secrets and free employment of workers.The third chapter starts from the difference between trade secret and patent,and then analyzes the impact on damages.In recent years,the theoretical circle pays more and more attention to the research on the market value of intellectual property.The value of trade secret is more the market value of trade secret than its own value.Whether r& D cost belongs to actual loss,different conclusions can be drawn under different infringement results.Different from the absolute monopoly of patent,trade secret is not in an absolute monopoly position in the market,simply referring to the patent compensation system to strengthen the monopoly of trade secret,using the license fee compensation method can be regarded as an alternative.The last chapter analyzes the punitive damages rules.The introduction of punitive damages breaks through the tradition of tort liability in continental law system.Earlier in the introduction of punitive damages in the trademark law,the application of the punitive damages is not much,for this system is the key obstacle as the base of compensatory damages is difficult to determine,in theory,put forward a different solution to this problem,this paper argues that punitive damages can serve as base with discretionary compensation,but cannot serve as base with statutory compensation.In terms of legal provisions,how to understand "bad faith" in trade secrets and "intent" in intellectual property rights can be more detailed and specific in terms of "serious circumstances" based on the experience obtained from previous judicial practice.It can break through the application sequence of punitive damages base calculation method and introduce the principle of proportion to prevent insufficient or excessive punishment.