The Research On Distribution Rules Of Burden Of Proof In Trade Secret Infringement Lawsuit

Beneath the condition of advertise economy,the competition among undertakings is becoming to be progressively furious.It is conceivable for ventures to get or keep up a competitive advantage by holding the security of privileged insights.With the increasingly fierce market competition,cases of enterprises infringing upon trade secrets will become more frequent and the number of trade secret infringement disputes will increase substantially.In arrange to ensure the deliberate competition of the advertise and protect the true blue rights and interface of the correct holder of exchange privileged insights,it is especially imperative to sensibly disseminate the burden of verification of both parties.In China’s trade secret infringement lawsuits,about half of the cases are unable to support the claims of the right holders due to insufficient proof.The reason is that the uneven dispersion of the burden of confirmation makes the correct holders bear more burden of confirmation and unable to supply advance prove.In China’s current legal hone,there’s still no bound together standard for the dissemination of burden of confirmation to be connected within the exchange trade secret lawsuit,there are still debate on the application of burden of confirmation reversal rules or burden of confirmation exchange rules,and there’s a need of culminate legal translation and important arrangements in enactment.In the trade secret lawsuit,it is appropriate to apply the principle of shifting the burden of evidence.Although the inversion of burden of proof rule is recognized by some scholars,it should be regarded as an exception rule for the distribution of burden of proof.The application of inversion of burden of proof rule may increase the burden of proof of the defendant,and cannot solve the fundamental problem of uneven distribution of burden of proof.The transfer rule of burden of proof is not only consistent with the general distribution principle of burden of proof in the Procedure law,but also accords with the principle of balance of interests in intellectual property litigation.The application of the burden of proof transfer rule can adapt to the complexity of trade secret cases,through the presumption of facts,allowing judges to exercise discretion in the distribution of burden of proof,so as to achieve substantial fairness.Agreeing to the distinctive sorts of exchange trade secret infringement lawsuit can be isolated into technical secret and business secret,the two sorts of cases since of their distinctive characteristics make the application of burden of verification conveyance distinctive.Hence,the dispersion rules of burden of confirmation ought to not be separated from hone,and ought to be combined with the particular investigation of person cases.Hence,the enactment of Our nation ought to assist progress the legal translation of the dispersion of burden of verification,clarify the standard of dissemination and the premise of the judge’s tact.As for the conveyance of particular confirmation substance,we ought to make judgment agreeing to diverse cases,and make tact by comprehensive examination of the judiciousness of the dispersion of confirmation burden and the trouble and taken a toll of verification.