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现阶段随着技术和贸易竞争的日趋激化,侵犯他人商业秘密的现象越来越严重。司法实践中,商业秘密侵权案件也屡见不鲜。但是,由于我国有关保护商业秘密的立法比较分散,条款比较粗糙且相互间漏洞较多,导致近年来审理商业秘密案件难度越来越大,新情况、新问题层出不穷。对此,本文旨在对当前商业秘密案件审理结果进行考察与分析的基础上,进而提出完善我国商业秘密案件审理机制的构想。
At this stage, with the intensification of competition in technology and trade, the infringement of the trade secrets of others is worsening. Judicial practice, commercial secret infringement cases are not uncommon. However, as China’s legislation on the protection of commercial secrets is relatively fragmented, the provisions are relatively rough and there are many loopholes in each other, it has made it increasingly difficult to hear commercial secret cases in recent years. New conditions and new problems are emerging in an endless stream. In this regard, the purpose of this paper is to examine and analyze the current commercial secrets trial results, and then put forward the idea of perfecting the trial mechanism of commercial secret cases in our country.