The Empirical Research of the Civil Legal System of Trade Secrets
|Course||Civil and Commercial Law|
|Keywords||trade secrets trade secrets protection empirical analysis civil remedy|
Beginning in1992, with the rising number of trade secrets disputes, trade secretprotection has become an important part of the protection of intellectual propertyrights. Compared with the West, trade secret protection system in China is still in itsinfancy, many systems need to be further study, Most of scholars and practitionershave no idea about how to strengthen the combination of theory and judicial practiceinvolves not many. At present, China has no independent trade secret protection law,which the Anti-Unfair Competition Law "principal legal provisions for the protectionof trade secrets, trade secret protection provisions scattered in the relevant laws andregulations, these provisions can’t meet the need of the midst economic life, therefore,further study of the organic integration between the theory and practice of trade secretprotection is very necessary.In this paper, starting from the disputes related to civil，issues of trade secretsprotection were analyzed and summarized. The first part introduces the research status,purpose and research methods. The second part describes the basic framework ofChina’s trade secrets civil law, including the content of these three aspects of thecurrent trade secrets related laws and regulations, trade secrets ways to get relief aswell as specific trade secrets civil protection system. Through the analysis of a largenumber of trade secrets dispute case. The third part describes in judicial practiceChina trade secret protection in the scope of protection of trade secrets, trade secretsinfringement identified and the burden of proof, trade secrets damages. The fourthpart summarizes the problems of trade secret protection in terms of the scope ofprotection of trade secrets, commercial secrets the infringement identified and theburden of proof trade secrets damages in judicial practice. On the basis of the resultsof the empirical analysis, a solution is proposed in civil system of trade secretsprotection.In order to better and faster develop the socialist market economy, in order toaccelerate the process of economic globalization in China and adapt to the globaleconomic environment, China should complete the current system of legal protectionof trade secrets.