Research On Legal Issues Of Trade Secret Storage Under The Background Of Blockchain Technology

The infringement of trade secrets is characterized by large amount of money involved,complicated concealed process,etc.,and it is difficult to provide evidence and doubtful validity of evidence when protecting rights.At present,the rapid development of digital technology,represented by blockchain digital technology in trade secret infringement cases for the right holder to provide a new way to store evidence,solid evidence.Blockchain uses technologies such as time stamp and consensus trust mechanism to solve the problem of storing trade secrets.However,due to some conflicts between the characteristics of blockchain evidence and the secrecy,value and confidentiality of business secrets,the evidence is insufficient in legitimacy,relevance and authenticity.By discussing the advantages,values and problems of the blockchain evidence in the depository of trade secrets,this paper proposes and analyzes the current practical problems existing in the blockchain depository of trade secrets,and explores solutions,in order to realize the convenience,efficiency and reliability of the depository of trade secrets.This paper intends to study from six parts:Part I: On the basis of defining the concept,summarizing the characteristics and evaluating the value of the blockchain evidence,through three concluded judicial cases,this paper analyzes the application of blockchain evidence to solve actual disputes in respect of copyright,trademark right and trade secret at the level of judicial evidence acceptance,recognition and so on,and proposes the problems to be solved in this paper.This section will discuss the basic theory of trade secret storage under the background of blockchain technology.By comparing with copyright and trademark infringement cases,the paper concludes that trade secret infringement cases are characterized by large amount of money involved,complex process of obtaining evidence,and large impact of infringement damage.Therefore,there is an urgent need to use new technologies to provide innovative,feasible and efficient ways of filing and improve the relievability of infringement.PartⅡ:Analyze the legitimacy of blockchain evidence in the proof of trade secrets.First,the problem of its own legitimacy: unclear platform qualification,unclean forensics environment,and lack of integrity and reliability of the content and process of depositing certificates.When the above problems occur,the depository of the right holder of trade secrets is easy to be stolen by the platform and leaked to the competitors in the market.Due to the platform qualification problems,the depository evidence is invalid,the contents of the depository are not credible,and the contents and process of the depositoryare not complete,so that the evidence does not have legal effect.The second is the issue of personal privacy violation derived from evidence.When this problem occurs,the part of business secret involving personal privacy is known by the third party,such as the list of customer information and preference list.Part III:Analyze the relevance of blockchain evidence in the proof of trade secrets.The problem of subject association shows that the electronic contract lacks the actual investigation of subject qualification,and the interest association between subjects involved in the business secret blockchain deposit affects the validity of evidence.The problem of content correlation shows that the content integrity before and after the link is missing.The content of trade secrets will be adjusted timely according to the development of the enterprise,and there will be deletion and increase before and after the depository.The lack of content integrity leads to insufficient evidence relevance.The carrier association problem shows that the connection between physical space and virtual space is inconsistent,and the physical preservation form of trade secrets held by enterprises with a large scale and a long history is disconnected from the content on the network platform,so it is unable to provide all the original carriers to the court.The time correlation problem shows that the difference between machine time and physical time affects the decision,and the root cause is the difference caused by carrier correlation.Part IV: Analyze the authenticity of blockchain evidence in the proof of trade secrets.According to the data form and the characteristics of decentralization,it is concluded that the data of human-computer interaction may be distorted.The characteristics of decentralization make it difficult to evaluate the originality of the evidence while conducting multi-point supervision and protection of the data on the chain.Returning to the trade secret itself,its remarkable characteristic is secrecy.This kind of decentralized and distributed storage technology is actually contrary to the nature of trade secret.Part V: This part will analyze the problems existing in the proof of trade secrets based on the blockchain evidence,and propose targeted solutions.In terms of legality,clarify the platform qualification,avoid interest correlation,standardize the collection of evidence and review,protect customer information "before and after",and strengthen the legal guarantee of trade secret storage;In terms of relevance,physical and virtual contents should be strictly examined,and relevance should be distinguished according to the volume size and preservation time of trade secrets.In terms of authenticity,interference from human factors should be eliminated,blockchain technical experts should be introduced to improve the professionalism of evidence review,and environmental verification should be made to confirm the authenticity of evidence.Finally,the conclusion of this paper sublimates the value of realization and discusses the relationship between blockchain depository and future rule of law.That is to say,blockchain technology is essentially a digital method to deal with social relations,so it can relieve the pressure of law in some cases.However,technology can only affect the operation of law and reduce the operation cost,but it cannot replace all the functions of law.