Application of the Presumption Rule in The Identification of Infringement of Trade Secrets Related to Production Methods

Yixing Xu

doi:10.6918/IJOSSER.202411_7(11).0037

Authors

Yixing Xu

DOI:

https://doi.org/10.6918/IJOSSER.202411_7(11).0037

Keywords:

Trade Secrets, Burden of Proof, Presumption, Shift of Burden of Proof.

Abstract

The allocation of the burden of proof is a key factor influencing the outcome of trade secret infringement cases. The 2019 Anti-Unfair Competition Law introduced Article 32, which pertains to the allocation of the burden of proof. Although this provision ostensibly lowers the evidentiary burden for the rights holder, it does not fully address practical needs due to issues such as ambiguous meanings and logical problems, especially concerning technical secrets. In the “Supreme People’s Court Intellectual Property Court Rulings,” the court introduced a presumption rule for the misuse of trade secrets in the vanillin case. This presumption rule has inherent rationality and offers an effective approach for refining the evidentiary standards under Article 32. For trade secrets related to production methods, this presumption can serve as a key to triggering the burden-shifting mechanism under Article 32, thereby reducing the evidentiary burden for rights holders.

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References

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