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How should a company Sue if its trade secret is infringed?
Publisher: Zhiyu Lawyer Clicks:832  Last updated: 2020-08-06

  If an enterprise's trade secret is violated, it shall, depending on the circumstances, file a lawsuit with different departments to seek judicial protection。


  First, apply to an arbitration institution for arbitration。


  If an enterprise's trade secret has been infringed, if a contract has been signed between the enterprise and the infringer and the two parties have voluntarily reached an arbitration agreement, the enterprise may apply for arbitration to a local arbitration institution or the arbitration institution agreed upon in the arbitration agreement of the two parties in accordance with the Arbitration Law of the People's Republic of China。


  Remember, without an arbitration agreement, you cannot apply for arbitration。If there is an arbitration agreement, no suit may be brought in a people's court。Arbitration shall be governed by a one-award final arbitration system。After the award has been made, it may not apply for arbitration or bring a suit in a people's court for the same dispute。


  In case of disputes caused by labor disputes between enterprises or employees who have signed labor contracts, but have not expired, job-hopping without authorization, taking away business secrets of enterprises, and infringing on the interests of enterprises, enterprises may apply for arbitration to local labor dispute arbitration committees in accordance with the Regulations of the People's Republic of China on the Settlement of Labor Disputes in Enterprises。If the party is not satisfied with the arbitration award, it may bring a suit in a people's court within 15 days。


  Second: Complain to the administrative department for industry and commerce。


  Article 3 of the Anti-Unfair Competition Law of the People's Republic of China stipulates: "The administrative departments for industry and commerce of the people's governments at or above the county level shall supervise and inspect acts of unfair competition。Article 20: "If a person violates the provisions of Article 10 of this Law and infringes on trade secrets, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 200,000 yuan according to the circumstances.。”


  Where an enterprise's trade secret has been infringed upon by the wrongful act of the infringing party, it may lodge a complaint with the administrative department for industry and commerce at or above the county level in accordance with the above provisions, and provide relevant evidence of the trade secret and the infringing act。


  Third: file a lawsuit with the people's Court。


  According to the Criminal Law, the General Principles of the Civil Law, the Technology Contract Law, the Anti-Unfair Competition Law and other laws, an enterprise whose trade secrets have been infringed may directly file a lawsuit with a people's court。If a lawsuit is brought before a people's court, it is necessary to clarify the jurisdiction of the people's court, and generally speaking, the lawsuit should be brought before the people's court where the defendant lives or the people's court where the infringement is committed。Where a contract is concluded, a suit shall be brought before the people's court where the defendant is domiciled or where the contract is performed。


  Fourth: settlement through consultation。


  Trade secret disputes are civil disputes. When the trade secrets of an enterprise are infringed, the infringed party may negotiate with the infringed party and ask it to stop the infringement and make appropriate compensation so as to safeguard its legitimate rights and interests。

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