Chinanews.com, Beijing, November 11 (Reporter Chen Hang) On the 30th, the Beijing Intellectual Property Court held a press conference to release the "Answers to the Litigation Questions of the Parties in Civil Cases of Trade Secret Infringement by the Beijing Intellectual Property Court" (hereinafter referred to as the "Answers") and the top ten typical cases of trade secret infringement.
On November 11, the Beijing Intellectual Property Court held a press conference. Courtesy of the Beijing Intellectual Property Court
Song Yushui, vice president of the Beijing Intellectual Property Court, said that trade secrets are one of the objects of intellectual property protection and the core competitiveness of enterprises. However, the scope of trade secret rights is not public, the infringement is relatively hidden, and it is difficult for the right holder to provide evidence, which is also a key and difficult issue in civil cases of trade secret infringement. In order to guide the parties to better fulfill the burden of proof in litigation, the Beijing Intellectual Property Court has revised and completed the Answers on the basis of the Reference for Presenting Evidence in Civil Cases of Trade Secret Infringement released in 2021 in response to the new problems faced in the era of digital economy and the new needs of market entities.
The Answers contain a total of 61 articles and consist of five parts, the first part is the concept of trade secrets and their statutory constituent elements, the second part is the subject of trade secret litigation, the third part is infringement, the fourth part is civil liability, and the fifth part is procedural matters. In the form of one question and one answer, the questions in the whole process of trade secret infringement cases are sorted out and answered, which provides effective guidance for the parties to complete the evidence of trade secret infringement cases more intuitively and concretely.
At the press conference, Xie Zhenke, President of the Third Trial Division of the Beijing Intellectual Property Court and Director of the Competition Monopoly Commission, released ten typical cases of infringement of trade secrets, including the case of infringement of trade secrets of laser clipping devices, the case of infringement of trade secrets of new varieties of laying hens, the case of infringement of trade secrets of circuit board design, the case of infringement of trade secrets of real estate file data software, the case of infringement of trade secrets of product end consumers, the case of infringement of trade secrets of GIS software, the case of infringement of trade secrets of student ID, and the case of infringement of data trade secrets. "Impersonation" of the original unit's affiliated company in a dispute over infringement of trade secrets and infringement of trade secrets in the customer list.
It is reported that these cases cover traditional and emerging fields such as optoelectronics, software, biology, the Internet, and big data, which not only clarify the adjudication standards for traditional trade secret cases such as the determination of the statutory constitutive elements of trade secrets, the allocation and transfer of the burden of proof, but also refine the trial rules for trade secret cases in new fields and new business formats such as data, animal breeds, and electronic maps, which will help enterprises to do a good job in the strategic layout of intellectual property rights and improve the ability to protect and protect trade secrets. At the same time, it also plays an important role in unifying the standards of administrative law enforcement and judicial adjudication, and improving the mechanism for the coordinated protection of trade secrets in judicial administration.
In the next step, the Beijing Intellectual Property Court will comprehensively strengthen the trial of trade secret cases and provide judicial guarantee for the construction of a market-oriented, law-based and international business environment. (ENDS)