Research On The Protection Of Trade Secrets Of Intelligent Algorithms

The trade secret protection of intelligent algorithms is a doubleedged sword,which can provide rights holders with extensive,convenient and theoretically permanent protection,and promote the protection of property interests of business operators.At the same time,because of the cloud platform dependence and non-fixed code nature of intelligent algorithm make the secret protection system faces a series of challenges in the determination of the right of intelligent algorithm business secrets,the identification of intelligent algorithm business secret infringement,and the balance between the social public interest and the property interests of intelligent algorithm business secrets.Based on these challenges,the article gives suggestions for improvement based on the current situation in my country and the relevant experience in Europe and the United States.In terms of right confirmation,reasonably introduce the standard of rational person to ensure a fair trial for judges;establish the basic standards of intelligent algorithm business secret confidentiality measures and improve the identifiable identification of intelligent algorithm business secret confidentiality measures,and make the legal identification standards for business secrets scientific and easy to operate.In terms of infringement determination,appropriately relax the proof requirements of “contact +similarity” and improve the judicial identification system,appropriately relax the proof requirement of “contact” to “possibility of contact” to reduce the difficulty of proof for the plaintiff,strengthen the management of identification and identification institutions to ensure the improvement of forensic identification and ease the judicial dilemma of infringement determination.In terms of balancing the protection of property rights and social public interests by intelligent algorithm business secrets,the public interest defense system should be applied and a mechanism for disclosing the reasons for intelligent algorithm trade secrets should be established,and the scope of the disclosure of the public interest defense system should be limited to government staff,lawyers,courts and others.The scope of use of the technical experts introduced by legal recognition is limited to the scope of public welfare matters,and strict limitation procedures are applied to optimize the judgment of tort liability.Establish a mechanism for disclosing the reasons of trade secrets of intelligent algorithms,and give different requirements for disclosure of reasons before and after the fact,and limit the expansion of algorithm power on the basis of maintaining the trade secrets of intelligent algorithms.