What is the liability principle for infringement of trade secrets
Trade secret infringement is determined as a general infringement, and fault applies The principle of responsibility and the burden of proof also apply to the stipulation that whoever makes the claim must provide evidence.
The alleged infringer has the opportunity to access the trade secrets, and the rights holder fulfills its reasonable confidentiality obligations. At this time, it can be determined that the alleged infringer has subjective intentionality. When it is presumed that the alleged infringer is negligent, the alleged infringer's duty of care should also be distinguished. If the accused infringer fails to fulfill the duty of care of an ordinary person, it constitutes gross negligence; If the affairs of a good manager are subject to the same duty of care, then it is a specific minor negligence; if the duty of care of a good manager is violated, it is an abstract minor negligence, and accordingly the liability of the accused tortfeasor should be lower. However, if the right holder of a trade secret enters into a contract with a third party to oblige the third party to maintain confidentiality, the principle of strict liability in contract law shall be implemented.
In terms of the distribution of the burden of proof, the plaintiff should release It is clearly a trade secret and proves that it is the right holder of the trade secret and has taken reasonable confidentiality measures. It also proves that the defendant has committed infringement (i.e. used or disclosed the same or consistent trade secret) or adopted unfair means to obtain the trade secret. . The defendant needs to prove that he has no subjective fault or that there are reasons to prevent the illegality.
I believe that after reading the above introduction, you will have a certain understanding of the legal knowledge on how to solve the responsibilities that need to be paid attention to. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
