The Ascertainment of Technical Facts of in Trade Secret Cases
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    Abstract:

    The litigations on the infringement of trade secrete is increasing rapidly. These cases are difficult to handle, and especially during the trial of cases involving technical secrets it is required to ascertain the technical facts. On the one hand, certain matters including the concept of technical facts and relevant concepts, the burden of proof between the two parties to a case, and the rules for the collection, present and challenge of evidence, shall be determined. On the other hand, an approach on the author of the ascertainment which may benefits the ascertainment of the technical facts shall be established. In fact, relevant concepts and approaches under Patent Law as well as in experiences from the judicial practices of local courts may provide us with the approach and method to solve the problem. Therefore, it is needed to fully discuss the fact finding of technical facts in order to perfect the judicial trial of trade secrete cases.

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徐棣枫,黄斌慧.商业秘密侵权诉讼中技术事实的查明[J].重庆大学学报社会科学版,2014,20(6):123~128

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History
  • Received:July 17,2014
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  • Online: December 08,2014
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