Types and liability principles of trade secret infringement

Types of trade secret infringement include the act of obtaining trade secrets by improper means, the act of disclosing, using or allowing others to use trade secrets obtained by unfair means, and the act of disclosing, using or allowing others to use the legally held trade secrets of the right holder. . The rules and Principles include the principle of fault liability, the principle of presumption of fault, the principle of no-fault liability, etc. For more information on the types of trade secret infringement and liability principles, the editor of Legal Savior Network will answer your questions below.

1. What are the types and liability principles of trade secret infringement

(1) The main violations of trade secrets in China include:

1. Obtaining trade secrets by improper means;

2. Disclosure, use or allowing others to use trade secrets obtained through improper means;

3. Disclosure and use Or allow others to use the legally held trade secrets of the right holder;

4. Acquisition, use or disclosure by a faulty third party.

(2) Principle of liability:

Principle of fault liability, principle of presumption of fault, principle of no fault The principle of fault liability. A brief description is as follows:

1. Principle of fault liability. Also known as the principle of negligence, fault is used as the constitutive element and the final element of liability, and at the same time, fault is used as an important basis for determining the scope of the perpetrator's responsibility. To put it simply, if you are at fault, you will bear responsibility; if you are not at fault, you do not need to bear responsibility.

2. Principle of presumption of fault. Also known as the principle of presumption of negligence, it refers to the principle that if the plaintiff can prove that the damage he suffered was caused by the defendant, but the defendant cannot prove that he was not at fault, the defendant should be presumed to be at fault and should bear civil liability. It can be seen that the principle of presumption of fault is still based on the principle of fault liability. It fundamentally requires that the party at fault be found and held responsible. However, when it is impossible to determine which party is at fault based on exact facts, it will be based on the provisions of the law and Presumption of fact to determine the bearer of responsibility.

3. The principle of equitable liability. It is also called the principle of equitable liability. It means that when neither party is at fault for causing damage, the people's court shall, based on the concept of fairness, take into account the property status and other circumstances of the parties. , the principle of ordering the offender to provide appropriate compensation for the victim's property damage. In essence, the principle of fair liability uses fairness as the standard of value judgment to determine liability. However, the application of the principle of fairness is not based solely on moral concepts, but on Not based on legal provisions. Fairness responsibility requires court judges to bring their inner sense of fairness into play when assigning blame. It can be seen that the principle of fairness is a more flexible principle of blame. It gives judicial judges a certain degree of discretion. Enable them to make fair and reasonable judgments based on the specific circumstances of the case.

4. The principle of no-fault liability. It is also called the principle of no-fault liability, which refers to the principle of no-fault liability. After the damage occurs, regardless of whether the party is at fault, the law stipulates that the infringer shall bear tort liability to the victim.

2. Determination of infringement of trade secrets

1. Review of claims of infringement by rights holders Whether the technology and business information used by the accused infringer is a valid trade secret.

2. Identify the technology and business information used by the accused infringer and the rights holder's identity Whether the trade secrets are the same.

3. Examine whether the accused infringer has the legal right to use the right holder’s trade secrets, that is, fair use defense.

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