On 30 november, the beijing court of intellectual property held a press conference to publish the " answer to the parties in civil cases of violations of commercial secrets by the beijing court of intellectual property " (hereinafter referred to as the " answer " ) and 10 typical cases of violations of commercial secrets。
Since the 18th congress of the beijing intellectual property court, the party's centre, with comrade xi at its core, has given high priority to innovation and has launched a series of major policy-making deployments around strengthening intellectual property protection. Business secrecy is one of the objects of intellectual property protection and the core competitiveness of enterprises. However, the absence of publicity of the scope of the right to commercial secrecy, the relatively hidden nature of the violation and the difficulty of proof by the right-holder are also central to the problem of civil cases of violations of commercial secrets. In order to guide the parties to better fulfil the burden of proof in the proceedings, the beijing intellectual property court, on the basis of the external reference to evidence in civil cases of violations of business secrets, published in 2021, has completed a revision of the answer to the new problems faced by the digital economy and the new needs of market subjects. The full text of the answer is 61 articles, consisting of five parts, the first being the concept of commercial secrecy and its statutory components, the second being the subject of commercial secrecy proceedings, the third being tort, the fourth being civil liability and the fifth being procedural matters. In the form of a question-and-answer process, the answer provides more intuitive and specific guidance for the parties to complete their evidence of violations of commercial secrets。
The president of the third chamber of the beijing court of intellectual property rights and director of the competition monopolies commission, xie chook, issued 10 typical cases of violations of business secrets. These cases, which cover traditional and emerging areas such as photovoltaic, software, biology, the internet, big data, clarify the criteria for the adjudication of traditional commercial secret cases, such as the identification of statutory elements of commercial secrecy, the allocation and transfer of the burden of proof, and extract data, animal varieties, new areas such as circuit board design, electronic maps, and the rules for the adjudication of commercial secret cases under the new business. On the one hand, it is important to improve the strategic design of intellectual property rights and to improve the protection and defence of business secrets, and on the other hand, to harmonize standards of administrative enforcement and judicial administration, and to improve mechanisms for coordinated protection of the administration of commercial secrets。
“increased protection of business secrets is important for the promotion of science, technology and innovation and for high-quality economic development. The answer to this issue focuses on the pains and difficulties of protecting business secrets, helping businesses to alleviate the risks of innovation and development, helping to stimulate innovation, optimize business environments and promote high-quality development。
“innovative results such as business secrets are essential to the survival of enterprises. The typical case published is an important guide for enterprises in raising awareness of business secrecy protection, improving the system of business secrecy protection and enhancing international competitiveness. "a member and vice-president of the chamber of commerce and industry of the haydam region, tsao yan。
More than 10 guests were invited to participate in the launch, including representatives of the general public, the executive branch, associations and selected scientific enterprises, and nearly 20 central and local media outlets attended the launch。
Scrutinizing the " question answer for parties in civil cases of violations of commercial secrets by the beijing intellectual property court " (2023) (in chinese and english)
Scrambling the ten typical cases of violations of business secrets by the beijing intellectual property court (in chinese and english)
Contribution: beijing intellectual property court
