An Empirical Study On Judicial Determination Of Trade Secrets

As an important foundation for enterprises to gain a foothold in the market,commercial secrets play a decisive role in enhancing the competitiveness of enterprises in the market and improving the vitality of enterprises in their development.Especially with the development of economy,society and science and technology,the protection of trade secrets has become an important factor to maintain the competitive advantage of enterprises.While rejoicing at the material benefits brought by the development of trade secrets to enterprises,people are also worried about the hindrances to the protection of trade secrets and the development of enterprises caused by the ensuing illegal activities.With the high progress of information technology and the rapid development of science,the means and methods of violating trade secrets are becoming more and more complex and diverse,and new problems that need to be solved continue to emerge in judicial practice.From a global perspective,there is no uniform standard for the determination of trade secrets,and each country has its own legal regulations and judicial practices.Due to the lack of uniform standards for the definition of commercial secrets,different judgments for the same case often occur in judicial practice.The study of commercial secrets in my country started relatively late,and theoretical research lagged behind.The regulations on commercial secrets are limited to relevant laws and regulations such as the Civil Law,the Criminal Law,and the Anti-Unfair Competition Law,and there are scattered legislation and lack of litigation protection.,Narrow scope of protection and many other problems,which lead to problems in the identification of commercial secrets in practice,such as unclear burden of proof for confidentiality and unclear definition of rationality of confidentiality behavior,so that my country’s commercial secrets cannot be fully and effectively protected.In order to fully protect commercial secrets,it is necessary to clarify the identification of commercial secrets,which is also a common need of commercial secret theory and practice,and a requirement for the development of society and the rule of law.This article aims to clarify the key links in the identification of trade secrets,focusing on the principles of confidentiality and confidentiality of trade secrets.This article first discusses the definition and legislative history of trade secrets,and then introduces typical cases of identification and protection of trade secrets—Zhuhai Qianyou Technology Co.,Ltd.Technology Co.,Ltd.and Jinan Lanmou Electromechanical Technology Co.,Ltd.in a commercial secret dispute case,analyzing the disputes and key disputes in the judicial determination of the above cases;secondly,focusing on the determination methods of "not known to the public" and "secrecy behavior",making a detailed analysis of the two key issues of "preliminary evidence" and "probable standard of proof" that are more controversial in judicial practice;Measures to identify conditions,reasonable distribution of burden of proof and other effective and practical suggestions for improvement,aiming to improve the system of more controversial identification standards and burden of proof in judicial practice,with a view to improving the existing trade secret identification rules in China.Find a path of connection and perfection with judicial referees.