论侵害商业秘密民事诉讼中二次泄密的防范

On Prevention of Secondary Leaks in Civil Litigation against Trade Secrets

对经营主体而言,商业秘密往往是其重要乃至核心的经营资产。民事诉讼是商业秘密保护的重要手段,在此类民事案件中,各方当事人的经营、技术信息会集中展现,特别在均符合商业秘密构成要件的情况下,存在着被不正当地扩散知悉范围,损害甚至消灭所涉商业秘密价值的可能,此即本文所述的二次泄密。因此,从实践案例出发,讨论侵害商业秘密民事诉讼中存在的二次泄密问题,分析产生原因和易发环节,提出强化此类案件在民事诉讼中法官的诉讼指挥权和释明权的基本防范原则,并阐述防范的具体措施。

For operating entities, trade secrets are often their important and even core operating assets. Civil lawsuits are an important means of protecting trade secrets. In such civil cases, the business and technical information of the parties will be displayed in a concentrated manner. Especially in the case that they meet the requirements of trade secrets, there is a scope of improper spread and damage. Even the possibility of destroying the value of the trade secret involved is the second leak described in this article. Therefore, based on practical cases, this paper discuss the issue of secondary leaks in civil lawsuits infringing trade secrets, analyzes the causes and prone links and proposes to strengthen the basics of judges’ commanding power and interpretation power in such civil cases, elaborating specific measures for prevention.