How does my country calculate losses from infringement of trade secrets?

Compensation losses for trade secrets can be calculated in three main ways: based on the losses caused by the infringer to the right holder; calculated based on the benefits obtained by the infringer due to the infringement; calculated based on license fees; the penalty for infringement of trade secrets also needs to be based on the results. Judgment based on seriousness. Regarding the question of how our country calculates losses for infringement of trade secrets, the editor of Legal Savior Network will give you a detailed answer below.

1. How does my country calculate losses from infringement of trade secrets

1. Business Compensation losses for secrets can be calculated in three main ways: based on the losses caused by the infringer to the right holder; calculated based on the benefits obtained by the infringer due to the infringement; calculated based on license fees; the penalty for infringement of trade secrets also needs to be based on the results. Judge by severity.

2. Legal basis: Article 10 of the "Anti-Unfair Competition Law" stipulates that the following behaviors are unfair competition behaviors that infringe other people's business secrets:

(1) The right holder’s trade secrets obtained through theft, inducement, coercion or other unfair means (2) Disclosure, use or allowing others to use the rights obtained by the means mentioned above The right holder’s business secrets (3) Violate the agreement or the right holder’s requirement to keep business secrets, disclose, use or allow others to use the right holder and business secrets in his possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the trade secrets of others, it shall be deemed as infringement of trade secrets.

2. Criteria for identification of infringement of trade secrets

1. According to the plaintiff The general idea of ​​seeking effective judicial relief for its trade secrets follows the basic rules of trade secret infringement litigation. The plaintiff should prove the following facts: the trade secret is established - the obligee (plaintiff) has rights to the trade secret - the accused infringer has infringed The facts of the trade secret act - the defendant's defense of non-infringement is not established - the fact of the liability consequences of the infringement. This is the basic sequence of steps that the plaintiff needs to follow in a trade secret lawsuit.

2. From the perspective of litigation technology, the plaintiff and its attorneys have done little research on the litigation rules and techniques for disputes over infringement of trade secret rights. basic litigationThere is a lack of correct understanding of litigation common sense. What is more common is that the plaintiff cannot or does not know what kind of evidence should be provided to the court to prove the existence of the trade secret it claims; does not understand what the constituent elements of a trade secret are; and the plaintiff does not know What are the legitimate defense grounds that the defendant can enjoy and believe that as long as the defendant uses the same information as its own trade secret information, it constitutes trade secret infringement; moreover, the plaintiff lacks a basic understanding of the principles and rules for determining trade secret infringement, etc. As a result, the plaintiff's claims were dismissed because they could not be supported by the court or the law.

3. Determine whether the relevant information requested for protection by the party constitutes a trade secret based on the legal requirements for trade secrets, determine whether the party has rights to the trade secret, and find out The content of the alleged infringement of trade secrets, etc., is only the basic logical sequence of the plaintiff’s request to protect its trade secrets.

4. In judicial practice, the judgment method used by the People's Court in intermediate trials is simply "identical (substantial similarity) + contact - legal source", This is a general method applied in the trial practice of trade secret infringement cases. Its basic meaning is that the plaintiff needs to prove that the trade secret information it claims is the same or substantially similar to the content of the accused infringement information, and then it needs to continue to prove that the accused information The fact that the infringer has or may have access to the plaintiff’s trade secret information. Finally, the plaintiff also needs to overturn the defendant’s defense claim that the alleged infringing information has a legal source and does not infringe.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.