The Procedure Path Research on Trade Secrets
|School||Central South University|
|Keywords||Trade Secrets first civil after criminal first criminal after civil Civil liability Criminal responsibility Three Trials for One|
The value of trade secret rights determine the owner’s competitive advantage and economic benefits, trade secret’s infringement will cause great damage to the owner’s property and market position. The trade secret case of Lee in Guangxi Province in judicial practice has taken the proceedings by first criminal after civil, which have lead to a conflict with first civil after criminal in Legal theory. In our Judicial practice,we often relief the trade secret’s infringement by the first criminal after civil, which is to be investigated for criminal responsibility in criminal proceeding then further investigated for civil liability in civil proceeding. The action mode has advantages of reducing the burden of proof and saving litigation cost.However,because of the complexity and professional of trade secret cases, there is some ambiguity in legal system,so the action mode have some shortcomings,such as easily leading to the conflict between Criminal and Civil Judgement, affecting the quality of cases,reducing the efficient of judicial resources. Although the first civil after criminal mode meet the treatment of trade secret cases by private property and the characteristics of trials,it could not be implemented because of its theoretical and technical flaws in legislation.To better deal with the trade secret cases,we addvise it should select first civil after criminal mode but could not be mechanically supplied.Then we should unify the jurisdiction on criminal and civil cases of intellectual property,improve the quality of the trial team and trials.Last,we should establish the unity of the three mechanisms for IPR trial, build a real sense of IPR tribunals,therefore to set up the intellectual property court.