Research on the Distribution of Proof Responsibility in Civil Litigation of Trade Secret Infringement

Abstract

In the civil litigation dispute of trade secret infringement, the allocation of the burden of proof is particularly important. According to relevant statistics, the successful rate of trade secret right holders is low, the reason why is mainly due to the right holder's limited ability to prove. The newly amended Anti-Unfair Competition Law has increased the allocation of the burden of proof in trade secret cases, not only made provisions for the proof of trade secret elements, but also clarified the application of the transfer of the burden of proof, which is intended to reduce the difficulty of the plaintiff's proof and strengthen the judicial protection of trade secrets. However, due to the amendment is to keep in line with the "China-US trade agreement", the process is relatively hasty.Accordingly, there are vague and insufficient provisions in the law.The preliminary proof and its standard of proof are not clear,and the effect of Article 32 of the new regulations on the reduction of the plaintiff's burden of proof and the increase of the defendant's burden of proof still needs to be tested in judicial practice as well.