On november 30, china news network beijing (journalist chen hang) held a press conference at the beijing intellectual property court, which published the " answers to the questions of parties in civil cases of violations of business secrets by the beijing intellectual property court " (hereinafter referred to as " answers " ) and 10 typical cases of violations of business secrets。
On 30 november, the beijing intellectual property court held a press conference. Beijing intellectual property court
According to the vice-president of the beijing intellectual property court, trade secrets are 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 answer consists of 61 articles comprising 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. A more intuitive and concrete way of providing an effective guide to the parties in completing their evidence of violations of commercial secrets is provided by a question-and-answer process to streamline and answer the issues in the whole process of violations of commercial secrets。
At the launch, the president of the beijing court of intellectual property, trial chamber iii, and director of the competition monopolies commission, she xianco, published 10 typical cases of violations of business secrets, including violations of the commercial secrets of laser-slashing devices, violations of the commercial secrets of new breeds of egg chickens, violations of commercial secrets in the design of circuit boards, violations of the commercial secrets of housing archive data software, cases in which end-of-product consumers were sued for violations of commercial secrets, violations of the commercial secrets of gis software, violations of the commercial secrets of trainees in id, violations of the commercial secrets of data, violations of commercial secrets of companies affiliated with “emposing” original units and violations of the commercial secrets of customer lists。
It has been learned that these cases cover traditional and emerging areas such as photovoltaics, software, biology, the internet, big data, which clarify the criteria for adjudicating traditional commercial secret cases, such as the identification of statutory elements of commercial secrecy, the distribution and transfer of the burden of proof, and the development of new areas such as data, animal varieties, electronic maps, and rules for the adjudication of commercial secret cases in the new state of business, contribute to the strategic layout of business intellectual property rights, enhance the protection of commercial secrets and enhance capacity to defend rights. At the same time, there is an important role in the development of coordinated protection mechanisms for the administration of justice in commercial secrets, in order to harmonize standards for administrative enforcement and administration of justice。
As a next step, the beijing intellectual property court will strengthen all aspects of commercial secrecy by providing judicial safeguards for market, rule of law and internationalization of the business environment. (concluded)
