Answer: Non-publicity of trade secrets is the prerequisite of existence of trade secrets and accountability for infringement. This answer article makes an in-depth analysis of the current flawed laws and cases in China, aiming to find out a reasonable judicial rule to determine who is responsible for proving, and how to prove, the non-publicity ofRead more about 142.How to prove the non-publicity of trade secrets?[…]
Answer: In practice, information that may be trade secrets includes: technical information such as structure, raw materials, components, formulas, materials, samples, patterns, propagation materials of new plant varieties, processes, methods or steps, algorithms, data, computer programs, and related documents, and business information such as management, sales, finance, planning, samples, bidding materials, customer information (including customerRead more about 143.What are the common trade secret information in practice?[…]
Answer: Proving that the defendant has infringed upon trade secrets is another necessary condition for right holder to pursue their legal liability. Different types of trade secret infringements have different evidentiary characteristics. The Anti-Unfair Competition Law of 2019 stipulates that the infringement of trade secrets includes acquiring trade secrets by unlawful means (theft, bribery, fraud,Read more about 144.What are the types of infringement of trade secrets?[…]
Answer: If a trade secret right holder wants to pursue the liability of a tortfeasor, they must prove the existence of the trade secret and the infringement act committed by the tortfeasor. Therefore, whether the right holder can prove the existence of the infringement act is a necessary condition for infringement damages. According to “WhatRead more about 145.How to prove infringement acts of trade secrets?[…]
Answer: This answer article analyzes the deficiencies of the existing laws and cases on use infringement of trade secrets (mainly technical secrets), and deduces a reasonable rule for the allocation of the burden of proof for the infringement of trade secrets, so as to help both parties to predict a likely outcome on whether anRead more about 146.How to prove use infringement of trade secrets?[…]
Answer: The so-called departed employee poaching customer normally refers the departed employee taking advantage of the personal relationship established with employer’s customer to attract and persuade the customer to become a customer of their new employer or their own business. If the employer and the employee have signed a non-competition agreement, the employer can certainlyRead more about 147.Can employer pursue departed employee for customer poaching?[…]
Answer: At present, China’s laws and court decisions lack clear legal rules and stable judgment results in dealing with the issue of employees’ behavior of customers poaching. The purpose of this article is to deduce a reasonable rule for analyzing customer poaching and provide a guidance for predicting outcome of customer poaching issue. Average readersRead more about 148.How to construct a reasonable rule in judging whether a customer poaching act constitutes infringement?[…]
Answer: Even if a right holder can preliminarily prove the existence of the trade secret and the defendant’s impugned infringement act, the defendant may still be able to be exempted from the liability under special circumstances (that is, immunities). Common grounds for immunities include: independent research and development, reverse engineering, the information involved in theRead more about 149.What are the immunities for trade secrets infringement in practice?[…]
Answer: In the judicial practice, the right holders in trade secret infringement cases are usually the owner of trade secrets, but other right holders, such as the licensees of trade secrets, may also become the right holders of trade secrets. The persons who are liable for infringements of trade secrets are not necessarily limited toRead more about 150.Who are the right holders and tortfeasors in trade secret infringement cases?[…]
Answer: The legal liabilities for trade secret infringement encompass civil liability, administrative liability (see “What administrative liabilities are trade secret infringers subject to?”), and criminal liability (see “What criminal liabilities are trade secret infringers subject to?”). The civil liability for trade secret infringement includes five types: cessation of infringement, compensating for losses, apologizing, bearing theRead more about 151.What civil liabilities are trade secret infringers subject to?[…]
