Balance of Three Interests for Act Preservation in Cases Concerning Infringement of Business Secret

Shanghai Intellectual Property Court Made a Decision on the Business Secret Infringement Dispute Between Companies Including Eli Lilly and Company VS. W

  

July 21, 2016 People's Court Daily Page 6: Selected Cases

 

Judgment Summary

The grant of act preservation in cases concerning infringement of business secret shall be based on the balance of three interests, namely, the balance between the possibility for the applicant to win the lawsuit and the existence of irreparable harm suffered by the applicant, the balance between the right holder's interests and the alleged infringer's interests, and the balance between private interests and public interests.

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