1. Prove that the infringed content is a trade secret.
According to China's laws, trade secrets refer to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. A certificate must contain three elements sufficient to constitute a trade secret:
(1) Confidentiality: The obligee has taken confidentiality measures to make the content unknown to the public. [( 1) the public: people other than those who hold or are given the right to trade secrets; (2) Not known to the public: that is, the information has not been publicly disclosed in public publications or other media; The information is not made public because of domestic use; Unable to obtain information from other public channels; The information does not belong to people's common sense or industry practice within the scope of the information involved; This information needs to be obtained at a great cost. ]
② Value: The content can bring economic benefits to the obligee. Its value should be practical, can be calculated by data, can be reflected as profit, can also be reflected as competitive advantage;
3 practicality: it is practicality. This content should be a specific scheme or form, which can be implemented according to it.
2. Prove that the right to trade secrets belongs to us. Similar proof can be given of the scientific research process of the technology involved in trade secrets.
3. Prove that the similar right used by the other party is improper. The basis is as follows:
(1) Violating the third paragraph of Article 5 of Several Provisions on Prohibiting Infringement of Trade Secrets, and judging according to the principle of "connection plus similarity minus legal source", it is an illegal act and bears civil liability;
(2) Violation of Article 10 of the Anti-Unfair Competition Law is a criminal act and bears criminal responsibility.
Prove that we have suffered economic losses due to the infringement of the other party.
It should be noted that the evidence should be preserved or notarized according to the case before being brought to court to prevent the other party from destroying the evidence after receiving the complaint. Of course, judicial settlement is only one way, and reconciliation is also worth considering. However, before proposing a settlement, we must be prepared for litigation. In addition, converting to a patent application can also achieve the purpose of safeguarding rights. I hope the above content can help you.