侵犯商业秘密行为定型化分析OACHSSCD

Secrecy,value and confidentiality are indispensable essential elements for any trade secret.Based on whether the perpetrator is the original primary responsible person,acts of infringing upon trade secrets can be classified into direct and indirect types.The former includes three sub-types:illegal acquisition,post-acquisition misuse,and misuse in violation of confidentiality obligations.The latter includes two types:knowing acquisition and knowing misuse.The term"acquisition"in the illegal acquisition type should not be construed identically to that in knowing acquisition type.Furthermore,the criminal subjects differ between the misuse in violation of obligations and knowing misuse sub-types.In the indirect type,"knowing"should be interpreted as"actual knowledge",typically established through the"fact-based presumption method".The act of"permitting others to use"in the"knowing and permitting use"sub-type of infringement includes both express and implied consent.