Since the publication of the Outline of National Intellectual Property Strategy in 2008, China has successively promulgated laws and regulations such as Trademark Law, Patent Law, Technology Contract Law, Copyright Law and Anti-unfair Competition Law. From a macro point of view, the state provides a strong legal basis for the protection of intellectual property rights and interests of enterprises at the legal system level, and points out the direction for enterprises to formulate intellectual property protection systems and specific implementation methods, but there is still a lack of separate detailed documents on laws and regulations of infringement cases. In order to protect the business secrets of enterprises, it is suggested to formulate the Law on the Protection of Business Secrets of Enterprises, the Law on Intellectual Property Infringement and other documents, and formulate in detail the provisions on the protection and infringement of business secrets between enterprises and between enterprises and employees.
Legal objectivity:
Article 1 194 of the General Principles of Civil Law of People's Republic of China (PRC) * * * Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail. Article 1 195 of the General Principles of Civil Law of People's Republic of China (PRC) * * * If a network user uses network services to commit infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting links. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee. After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users. If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.