Beijing Intellectual Property Court Reference for Proof in Civil Cases of Infringements of Trade Secrets

Beijing Intellectual Property Court

Reference for Proof in Civil Cases of Infringements of Trade Secrets

This Reference for Proof is aimed at effectively solving the difficulty of proof in civil cases of infringements of trade secrets, guiding the parties concerned to better fulfill the burden of proof, maintaining the core competitiveness of technological innovation enterprises, equally protecting the legitimate rights and interests of Chinese and foreign parties in accordance with the law, and optimizing the legalized business environment. This Reference for Proof is hereby formulated in combination with main issues in the trial of civil cases of infringements of trade secrets and in accordance with the Anti-unfair Competition Law of the People’s Republic of China, the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases of Unfair Competition, the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Civil Cases of Infringements of Trade Secrets, the Several Provisions of the Supreme People’s Court on Evidence in Civil Procedures Involving Intellectual Property Rights, the Interpretation of the Supreme People's Court on the Application of Punitive Damages in the Trial of Intellectual Property Infringement Civil Cases, the Guidelines on the Evidence Rules for Intellectual Property Civil Litigation of Beijing High People’s Court and relevant provisions.

Part I Reference for Proof of Rights

Trade secrets usually refer to commercial information including technical information and business information etc. that are not known to the public, have commercial value, and have been processed through corresponding non-disclosure measures by the right holders.

Technical information mainly includes technology-related information, such as structures, raw materials, components, formulas, materials, samples, patterns, propagation materials of new plant varieties, processes, methods or their steps, algorithms, data, computer programs, and related documents.

Business information mainly includes information related to business activities, such as ideas, management, sales, finance, plans, samples, bidding materials, customer information and data. Customer information includes the customer’s name, address, contact information, transaction habits, intentions, content, and other information.

I. The Party that may File a Lawsuit in accordance with the Law

1. The plaintiff may file a trade secret infringement lawsuit in accordance with the law if the said plaintiff can provide evidence to prove that the said plaintiff is the right holder or interested parties of the trade secret.

2. The licensee of a trade secret exclusive license contract can file a trade secret infringement lawsuit independently.

The licensee of a trade secret sole license contract can file a trade secret infringement lawsuit jointly with the right holder, or do so independently if the right holder does not file such a lawsuit.

The licensee of a trade secret non-exclusive license contract may file a trade secret infringement lawsuit jointly with the right holder, or file such a lawsuit independently with written authorization of the right holder.

II. Legal Requirements of Trade Secrets

3. The plaintiff may claim that the trade secret is not known to the public, if the said plaintiff provides evidence to prove that the trade secret shall not be generally known to or easily acquired by relevant personnel in the field when the alleged infringement occurs.

4. If the plaintiff provides evidence to prove that the new information that is sorted, improved, or processed from the information known to the public is not be generally known to or easily acquired by relevant personnel in the field when the alleged infringement occurs, the said plaintiff may claim that the said new information constitutes the trade secret. To prove that the new information is not known to the public, the plaintiff may submit the process, records, etc. of such sorting, improvement, and processing as evidence.

5. If the plaintiff claims to have taken corresponding non-disclosure measures for the trade secret, the said plaintiff may based on factors such as the nature of the trade secret and its carriers, the commercial value of the trade secret, the identifiable degree of the non-disclosure measures, the degree of correspondence between the non-disclosure measures and the trade secret, and the plaintiff’s willingness to keep confidential the trade secret, provide evidence to prove that reasonable non-disclosure measures commensurate with the trade secret have been taken thereby before the alleged infringement occurred in order to prevent the disclosure of the trade secret.

6. If the plaintiff claims to have taken corresponding non-disclosure measures for the trade secret, the said plaintiff can provide evidence to prove the existence of any of the following facts:

(1) A confidentiality agreement has been signed or non-disclosure obligations have been provided for in the agreement;

(2) Confidentiality requirements have been stated by means of articles of association, training, rules and regulations, written notifications, etc. to the employees, former employees, suppliers, customers, visitors, etc. of the plaintiff who can access and acquire the trade secret;

(3) Visitors have been restricted from entering secret-related factories, workshops and other production and business premises or the said production and business premises have been subjected to differentiated management;

(4) The trade secret and its carriers have been distinguished and managed by such means as marking, classifying, isolating, encrypting, sealing, and restricting the scope and authority of persons who can access or acquire the trade secret;

(5) Measures such as prohibiting or restricting the use, access, storage and copying have been taken to computer equipment, electronic equipment, network equipment, storage equipment, software, etc. that can access and acquire the trade secret;

(6) The plaintiff’s former employees have been required to register, return, delete or destroy the trade secret and its carriers that they have accessed or acquired, and to continue to assume their non-disclosure obligations; or

(7) Other reasonable non-disclosure measures that have been taken.

7. If the plaintiff claims that the trade secret has commercial value, the said plaintiff may based on factors such as the cost of research and development of the trade secret, the profits from implementing the trade secret, the profits available from the trade secret, and the time period during which the competitive advantages can be maintained due to the trade secret, provide evidence to prove that the trade secret unknown to the public has real or potential commercial value. If the phased results formed in the production and business activities conform to the above provisions, the plaintiff can claim that the phased results have commercial value.

III. Defense Against Legal Requirements

8. If the defendant claims that the plaintiff’s trade secret does not meet legal requirements of trade secrets, the said defendant can provide evidence to prove the existence of any of the following facts:

(1) The trade secret had been known to the public when the alleged infringement occurred;

(2) The plaintiff has not taken corresponding non-disclosure measures;

(3) The trade secret does not have any commercial value; or

(4) The trade secret is under other circumstances where it does not meet legal requirements.

9. If the defendant claims that the plaintiff’s trade secret has been known to the public, the said defendant can provide evidence to prove the existence of any of the following facts:

(1) The plaintiff’s trade secret belongs to commercial rules or industry practice in the field;

(2) The plaintiff’s trade secret only involves the simple combination of product size, structure, material and component, etc., so that it can be acquired directly by relevant personnel in the field by observing products in the market;

(3) The plaintiff’s trade secret has been publicly disclosed in public publications or other media, including literature, promotional materials, web pages, etc.;

(4) The plaintiff’s trade secret has been disclosed through public reports, exhibitions, etc.; or

(5) The plaintiff’s trade secret can be acquired by relevant personnel in the field from other public channels.

10. If the defendant claims that the plaintiff has not taken corresponding non-disclosure measures for the trade secret thereof, the said defendant can provide evidence from such aspects as the identifiable degree of non-disclosure measures, the degree of correspondence between the non-disclosure measures and the value of the trade secret, the characteristics of the information carriers involved, and the degree of difficulty in acquiring the trade secret through proper means.

Part II Reference for Proof of Infringement

IV. Forms of Infringement

11. If the plaintiff claims that the defendant has committed an infringement of the trade secret thereof, the said plaintiff can provide evidence to prove the existence of any of the following facts:

(1) The defendant acquires the plaintiff’s trade secret by theft, bribery, fraud, coercion, electronic intrusion, or other improper means;

(2) The defendant discloses, uses or allows another person to use the plaintiff’s trade secret acquired by the foregoing means;

(3) The defendant discloses, uses, or allows another person to use the trade secret in violation of the non-disclosure obligations of the said defendant or the plaintiff’s requirements for keeping such trade secret confidential; or

(4) The defendant abets a person, tempts or aids a person into or in acquiring, disclosing, using or allowing another person to use the plaintiff’s trade secret in violation of the non-disclosure obligations thereof or the plaintiff’s requirements for keeping such trade secret confidential.

12. If the plaintiff claims that the defendant acquires the trade secret from the right holder by any other improper means, the said plaintiff can provide evidence to prove that the means by which the defendant acquires the trade secret violates the law or business ethics.

13. If the plaintiff claims that the defendant has committed a specific act of infringing on the trade secret thereof, the said plaintiff can provide any of the following evidence:

(1) Products, product manuals, promotional materials, computer software or documents produced or made by the defendant that contain the plaintiff’s trade secret;

(2) A contract between the defendant and a third party that contains the plaintiff’s trade secret;

(3) The appraisal report, evaluation opinion, or investigation conclusion that presents that the alleged information used by the defendant is the same or substantially the same as the plaintiff’s trade secret;

(4) Materials that present that the defendant has a contractual relationship or other relationship with the entity that discloses, uses, or allows another person to use the trade secret;

(5) Records that the plaintiff’s trade secret keys, restricted access systems, or physical security devices have been cracked or circumvented;

(6) Witness testimony that can show the theft, disclosure, or use of the plaintiff’s trade secret;

(7) Product manuals and promotional materials containing the plaintiff’s trade secret;

(8) Relevant materials that show the defendant still provide another person with help though the said defendant knows or should have known that such another person has infringed on the plaintiff’ trade secret;

(9) Audio and video recordings, chat records, or emails about the defendant’s abetting a person, tempting or aiding a person into or in infringing upon the plaintiff’s trade secret; or

(10) Other evidence that can prove that the defendant has committed an infringement of the trade secret.

14. If the plaintiff claims that the defendant violates the non-disclosure obligation thereof, the said plaintiff may provide evidence to prove that the defendant shall bear such non-disclosure obligation in accordance with the law or contract. If such non-disclosure obligation is not stipulated in the contract, the said plaintiff may provide evidence to prove that the defendant has known or should have known that the information acquired thereby is the plaintiff’s trade secret based on the principle of good faith, the nature and purpose of the contract, the process of contracting, and trading habits.

15. If the plaintiff claims that the defendant is an employee or former employee thereof, the said plaintiff may provide evidence to prove that the defendant is a member of the defendant’s operating, managerial or other personnel with labor relations. If the plaintiff claims that such employee has channels or opportunities to acquire such trade secret, the said plaintiff can provide evidence to prove the existence of any of the following facts:

(1) Such employee’s duties, responsibilities and authorities are related to the involved trade secret;

(2) The work undertaken by or the tasks assigned by the entity to such employee are related to the involved trade secret;

(3) Such employee participates in production and business activities related to the trade secret;

(4) Such employee once kept, used, stored, copied, controlled or otherwise accessed or acquired the involved trade secret and its carriers; or

(5) There are other facts that prove such employee has channels or opportunities to acquire the involved trade secret.

16. If the plaintiff claims that the alleged information is substantially the same as the trade secret thereof, the said plaintiff can provide evidence based on such factors as degree of similarities and differences between the alleged information and such trade secret, whether relevant personnel in the field will easily think of the difference between the alleged information and such trade secret when the alleged infringement occurs, whether the alleged information is substantially different from such trade secret in use, use method, purpose, effect, etc., and the trade secret-related information in the public domain. Specifically, the plaintiff can provide any of the following evidence:

(1) The appraisal opinions or evaluation opinions issued by a qualified appraisal agency or evaluation agency, and a relevant expert assistant’s opinions;

(2) Products, contracts, or letters of intent that can reflect the alleged information is substantially the same as the plaintiff’s trade secret;

(3) Source of the aforementioned evidence from a third party related to the defendant; or

(4) Other evidence that can prove that the alleged information is substantially the same as the plaintiff’s trade secret.

17. If the plaintiff claims that the defendant uses the trade secret thereof, the said plaintiff may provide evidence to prove the existence of any of the following facts:

(1) The defendant’s direct use of the plaintiff’s trade secret in production and operation activities;

(2) The defendant’s use of such trade secret after modification or improvement thereof; or

(3) The defendant’s adjustment, optimization or improvement of relevant production and business activities based on such trade secret.

18. If the plaintiff provides preliminary evidence that reasonably shows that the trade secret thereof has been infringed upon, and any piece of the following evidence, the defendant shall prove that it hasn’t committed any act of infringing upon such trade secret:

(1) There is evidence that the defendant has channels or opportunities to acquire such trade secret, and the alleged information used thereby is substantially the same as such trade secret;

(2) There is evidence that such trade secret has been disclosed or used by the defendant or is at risk of being disclosed or used thereby; or

(3) There is other evidence that the trade secret has been infringed by the defendant.

19. If the plaintiff can provide evidence to prove that a natural person, legal person, or unincorporated organization other than a business has infringed on the business secret thereof, the said plaintiff can file a lawsuit in accordance with relevant laws and regulations and claim the civil liability of the infringer.

V. Defense against Infringement

20. If the defendant denies infringement of the plaintiff’s trade secret, the said defendant can provide any of the following evidence:

(1) The appraisal opinion, evaluation report or investigation conclusion issued by a qualified appraisal agency or evaluation agency that presents the alleged information is not the same as the plaintiff’s trade secret;

(2) The lawful authorization letter or contract that proves the defendant discloses, uses or allows another person to use the trade secret upon lawful authorization;

(3) Development documents, research and development records and audio-video files about the project independently researched and developed by the defendant or the reverse engineering;

(4) The customer’s explanation or witness testimony about the plaintiff’s voluntary market transactions with the defendant who is a former employee of the plaintiff or a new entity thereof based on the trust in such employee; or

(5) Other evidence.

21. If the defendant claims that the alleged information is acquired through reverse engineering, the said defendant can provide any of the following evidence:

(1) The purchase contract of the product obtained through public channels or the certificate or bill of accepting the given product;

(2) Work records, videos, or document data that show the relevant technical information is obtained from the product acquired through public channels by relevant technical means such as disassembly, surveying, mapping, and analysis;

(3) Contracts or emails that prove relevant technical information is obtained from the product acquired through public channels by entrusting others to use such technical means as disassembly, surveying, mapping and analysis; or

(4) Other evidence that can prove the alleged information is acquired through reverse engineering.

22. If the defendant claims that the alleged information is obtained on the basis of personal reliance, the said defendant can provide any of the following evidence:

(1) Description of the characteristics of the industry that emphasizes personal skills;

(2) Statements, explanations, chatting records or emails in which the customer clarifies the voluntary transactions with defendant on the basis of personal reliance;

(3) Documents or communication records that prove neither material conditions nor the trading platform provided by the plaintiff are/is used in the transaction with the relevant customer; or

(4) Other evidence that can prove that the alleged information is acquired based on personal reliance.

Part III Reference for Proof on Requests for Civil Liability 

VI. Cease of Infringement 

23. For the civil liability of cease of infringement ruled for an act of infringing upon a trade secret, the period of cease of infringement generally last until the date when the trade secret is known to the public. If the plaintiff can provide evidence to prove that the period of cease of infringement ruled in accordance with the preceding paragraph is obviously unreasonable, the said plaintiff may request the court to rule that the defendant stop using the plaintiff’s trade secret within a certain period or to a certain scope while protecting according to law the competitive advantages of such trade secret.

24. The plaintiff may request the court to rule that the defendant return or destroy carriers of the trade secret and delete the alleged information under the control thereof.

VII. Damages

25. If the plaintiff can provide evidence to prove the actual losses suffered thereby due to the infringement, the said plaintiff may request the court to determine the amount of damages according to such actual losses; if it’s difficult to determine such actual losses but the plaintiff can provide evidence to prove the defendant’s profits from the infringement, the said plaintiff may request the court to determine the amount of damages according to such profits; if it’s difficult to determine neither such losses nor such profits, the plaintiff may request the court to reasonably determine the amount of damages with reference to the multiple of the trade secret license fee. If the defendant commits an act of intentionally infringing upon the plaintiff’s trade secret and the consequences are serious, the plaintiff may request the court to determine the amount of damages more than one time but not more than five times the amount determined in accordance with the above-mentioned method. The amount of damages include the reasonable expenses paid by the plaintiff to stop the infringement.

26. If the plaintiff requests to determine the actual losses incurred due to the infringement with reference to the trade secret license fee, the said plaintiff may provide evidence to prove the nature, content, actual performance of the license, and the nature, circumstances, consequences, etc. of the infringement.

27. If it is difficult to determine any of the plaintiff’s actual losses due to the infringement, the defendant’s profits from the infringement, and the trade secret license fee, the plaintiff may request the court to award compensation no less than RMB 5 million based on the consequences of the infringement.

28. If the plaintiff requests the court to award compensation no less than RMB 5 million, the said plaintiff may provide evidence to prove the nature, commercial value, research and development cost and degree of innovation of the trade secret, the competitive advantages the trade secret can bring, as well as the nature, circumstances, consequences and other facts of the infringement and the defendant’s subjective fault.

29. If the plaintiff has provided preliminary evidence of the profits the defendant has obtained from the infringement, but the account book or material related to the infringement of the trade secret is in the possession of the defendant, the plaintiff may request the court to rule that the defendant provide such account book or material. If the defendant refuses to provide it without justifiable reasons or does not provide it truthfully, the plaintiff may request the court to determine the profits obtained by the defendant from the infringement based on the claims made and evidence provided thereby.

30. If the plaintiff provides evidence to prove that the trade secret is known to the public due to the infringement, the said plaintiff may request the court to consider the commercial value of the trade secret when determining the amount of damages in accordance with the law.

31. If the plaintiff claims that the defendant intentionally infringes upon the trade secret thereof and the consequences are serious, and requests punitive damages, the amount and method of calculation of damages and the facts and reasons on which they are based shall be clarified when filing the lawsuit.

32. If the plaintiff claims that the defendant has the intention to infringe on the trade secret thereof, the said plaintiff may provide evidence based on any of the following facts:

(1) The defendant continues to commit the infringement after being notified or warned by the plaintiff or interested parties;

(2) The defendant or the legal representative or manager thereof is the legal representative, manager or actual controller of the plaintiff or interested parties;

(3) The defendant has formed labor, labor service, cooperation, license, distribution, agency, representative or other relationship with the plaintiff or interested parties, and has accessed the alleged information;

(4) The defendant has business dealings or negotiated with the plaintiff or interested parties, and has accessed the alleged information; or

(5) Other circumstances under which the defendant is deemed to have such intention.

33. If the plaintiff claims that the defendant’s infringement of the trade secret thereof causes serious consequences, the said plaintiff may provide evidence of any of the following facts:

(1) After being punished by an administrative penalty or a court decision for infringement of the plaintiff’s trade secret, the defendant commits a same or similar infringement;

(2) The defendant operates mainly by infringing the trade secret;

(3) The infringement lasts for a long time;

(4) The defendant forges, destroys or conceals evidence of infringement;

(5) The defendant refuses to perform an order of preservation;

(6) The defendant profits a lot or the plaintiff suffers huge losses from the infringement;

(7) The infringement may endanger national security, public interest or personal health; or

(8) Other circumstances in which it shall be deemed that serious consequences are caused.

34. Where the plaintiff claims punitive damages, the plaintiff’s actual losses, the illegal gains or profits from the infringement of the defendant can be taken as the basis for calculation. Such basis does not include reasonable expenses paid by the plaintiff to stop the infringement.

Part IV Reference for Proof of Procedural Matters 

VIII. Preservation

35. Where any evidence may be extinguished or may be hard to obtain at a later time, the applicant may, in the course of an action, apply to the court for evidence preservation.

36. Where any evidence may be extinguished or may be hard to obtain at a later time, if the circumstances are urgent, the applicant may, before instituting an action, apply to the court for evidence preservation.

37. If the respondent attempts to or has used improper means to acquire, disclose, use or allow another person to use the applicant’s trade secret, which may make it difficult to enforce the judgment or cause other damages to the applicant, or will cause irreparable damages to the applicant's legitimate rights and interests, the applicant may, in the course of an action, apply to the court for behavior preservation.

38. If the circumstances are urgent, not applying for preservation immediately will make it difficult to enforce the judgment or cause other damages to the applicant, or will cause irreparable damages to the applicant’s legitimate rights and interests, the applicant may, before instituting an action, apply to the court for behavior preservation.

39. If the applicant applies to the court for behavior preservation and claims “the circumstances are urgent”, the said applicant may provide evidence based on any of the following facts:

(1) The applicant’s trade secret is about to be illegally disclosed;

(2) The disputed trade secret is about to be illegally disposed of;

(3) The applicant’s trade secret is being or about to be infringed upon in time-sensitive occasions such as trade fairs; or

(4) Other circumstances that preservation measures shall be taken immediately happen.

40. Where the applicant applies for behavior preservation and claims that the respondent’s behavior will cause “irreparable damages” thereto, the said applicant may provide evidence based on any of the following facts:

(1) The respondent’s act will infringe upon the applicant’s rights and interests such as goodwill and cause irreparable damages thereto;

(2) The respondent’s act will cause the infringement to be difficult to control and significantly increase damages to the applicant;

(3) The infringement by the respondent will result in a significant decrease in the relevant market share of the applicant; or

(4) Other irreparable damages will be caused to the applicant.

41. If the applicant applies for behavior preservation, the said applicant shall provide security in accordance with the law. The amount of security provided by the applicant shall be equivalent to the losses that the respondent may suffer as a result of taking behavior preservation measures, including reasonable losses such as the sales benefits and storage costs of the products involved in the cease of infringement ruled.

42. Behavior preservation measures are generally not released because of the security that the respondent provides, except with the consent of the applicant.

43. If the applicant can clarify the specific content of the trade secret after the preservation application is filed and before the preservation ruling is made, and provide the contract, document, computer software, product, bidding document, database files, and other evidence containing such trade secret, the said applicant may apply for evidence preservation or behavior preservation before or during the lawsuit in order to stop the infringement of the trade secret thereof.

44. If the respondent’s actions or other reasons may make it difficult to enforce the judgment or cause other damages to the applicant, the applicant may apply to the court for property preservation and provide the corresponding security according to law in the course of the lawsuit.

45. If the circumstances are urgent, not applying for preservation immediately will cause irreparable damages to the applicant's legitimate rights and interests, the applicant may apply to the court for property preservation according to law before filing a lawsuit. The applicant shall provide security equivalent to the preservation amount requested.

46. The respondent may provide sufficient and effective security to request the release of the property preservation.

IX. Investigation Order

47. If the applicant requests the court to issue an investigation order for the purposes of investigation and collection of evidence, and entrusts an agent to do so, the requirements under which the application for investigation and collection of evidence shall be approved and the following requirements shall be met at the same time:

(1) The applicant’s agent is a practicing lawyer, and the person who holds such order to investigate and collect evidence on behalf of the applicant is the practicing lawyer specified in the investigation order;

(2) The investigation order is sufficient to overcome the objective reasons why the applicant and the agent thereof cannot collect evidence on their own; and

(3) The evidence investigated and collected involves not any of the state secrets, trade secrets, personal privacy, etc., and under no other circumstances is it not suitable for such agent to hold such investigation order for collecting evidence.

48. The agent holding the investigation order investigates and collects evidence from the respondent in accordance with the name or scope of the evidence specified in such investigation order within its validity period. When such agent collects evidence from the respondent, an original practice certificate thereof is presented to the respondent for verification.

49. After verifying the investigation order and the identity of the involved agent, the respondent provides evidence in accordance with the name or scope specified in the investigation order.

50. The evidence provided by the respondent is sealed under the joint witness of the agent holding the investigation order and the respondent, and then submitted to the court timely and completely by such agent or the respondent by mail within a reasonable period of time.

51. If the respondent fails to provide evidence or refuses to assist in the investigation for some reason, the agent holding the investigation order can explain the relevant situation to the court in writing within three days upon the expiration of the investigation order.

X. Non-disclosure Measures in Litigation

52. In a case involving a trade secret, the parties may apply for a trial in camera. The parties may apply to the court to delete the information involving the trade secret when publishing judgments on the Internet.

53. If the evidence submitted by the parties involves a trade secret or other business information that needs to be kept confidential, the parties may apply to the court to take necessary non-disclosure measures in litigation activities such as evidence preservation, evidence exchange, proof cross-examination, entrusted appraisal, inquiries, and court sessions. Such non-disclosure measures include but are not limited to the following circumstances:

(1) In different litigation processes, to apply for restrictions on the scope of persons who have access to such evidence;

(2) To request the parties who have access to such evidence to sign a non-disclosure guarantee letter;

(3) To apply for non-exchange of such evidence, and only presenting such evidence to the other party for the purpose of delivering the cross-examination opinions in the court;

(4) To cover the part of the evidence that needs to be kept confidential without affecting the trial of the case; and

(5) To apply for other necessary non-disclosure measures.

54. The parties who have access to the evidence mentioned in the preceding paragraph shall not disclose, use, or allow another person to use the confidential information that the parties have accessed during the proceedings for any purpose other than the litigation in this case.

55. If a party in violation of preceding paragraph, discloses the trade secret without authorization or uses the trade secret other than litigation activities or allows another person to use the trade secret that the party accesses to or acquires in litigation, the said party shall bear civil liability in accordance with the law. If the circumstances provided for in Article 111 of the Civil Procedure Law happen, compulsory measures shall be taken in accordance with the law; if a crime is constituted, the party shall be held criminally responsible.

XI. Criminal and Civil Cross Cases

56. If the evidence related to the alleged infringement is preserved by the public security organ, the procuratorial organ or the court, and the parties of a civil case of trade secret infringement cannot collect it on their own due to objective reasons, they may apply to the court for investigation and collection of the above-mentioned evidence, unless they may affect the ongoing criminal proceedings.

57. The parties can claim that the amount of damages in civil cases of infringement of the same trade secret shall be determined based on the actual losses or illegal profits as determined by the effective criminal judgment.

58. If a criminal case involving infringement of a trade secret has not yet been concluded, the parties may request the court to suspend the trial of the civil case of such infringement of the trade secret. Whether the trial is suspended shall be determined by the trial court of the civil case based on the specific circumstances of the case.