Whether a person constitutes a trade secret infringement can be determined by the following points.
 1、 Examine whether the infringed technology and business information complained by the obligee is an effective trade secret. Specifically, we should find out whether the trade secret that the obligee believes has been infringed actually exists, whether the technology and business information that the obligee requests legal protection has the legal characteristics of trade secret, and the specific content and form of expression of the obligee's trade secret, that is, where the "secret point" of the obligee's trade secret lies.
 2、 Find out whether the technology and business information used by the sued infringer are the same as the trade secrets of the obligee.
 3、 Examine whether the defendant infringer has the legitimate right to use the obligee's trade secret, that is, fair use defense. Under the following circumstances, the accused infringer can be identified as having the right to lawful use:
 1. The defendant infringer obtains the legal transfer or implementation license of the obligee of trade secret;
 2. The accused infringer obtained trade secrets through "reverse engineering";
 3. The defendant's defense of known technology should prove the carrier of known technology. It shall also indicate the scope and extent of the disclosure of the publicly known technology content, and whether the production and business results can be the same as the obligee's trade secrets according to the disclosed technology content.
 4、 Trade secret infringement cases usually adopt the general principle of "who claims, who provides evidence". For different stages of litigation, the burden of proof can also be reversed under certain conditions.