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What are the violations of trade secrets?
Release Time：
2023-03-21
A: In judicial practice, the general idea of judging whether trade secrets are infringed is "contact + substantial similarity - legal defense". Contact refers to the opportunity or possibility that the alleged infringer has access to the plaintiff's trade secrets. If the alleged infringer is a former employee of the plaintiff or a partner in the technology involved and the plaintiff has shown the relevant information to him, there are reasonable grounds to believe that the alleged infringer has had access to the plaintiff's trade secrets.
The so-called material similarity means that the technical information or business information obtained from the plaintiff used by the alleged infringer is the same or equivalent to the trade secret claimed by the plaintiff. The so-called equivalent means that the difference of the information involved in the original defendant is part of the field personnel can rely on public knowledge or public resources to replace and achieve the same effect. In this case, the defendant should also be considered to have used the plaintiff's trade secrets.
The so-called legal defense means that if the accused infringer can prove that it obtained the accused infringing information through self-research and development or reverse engineering, it can constitute an effective defense against the infringement of trade secrets. Source: Intellectual Property Beijing
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