Research on the Protection of Trade Secrets through Anti-Unfair Competition Law
|School||Tianjin University of Finance and Economics|
|Keywords||Trade Secrets Anti-Unfair Competition Law Comparative advantage Defectsand Perfection|
In the era of knowledge economy and information explosion,as a kind of intangible intellectual property, the trade secrets play increasingly prominent role in the market competition and become the competitive weapon that all people scrambling to get. In this process inevitably exists illegal, immoral acts of unfair competition, and shows the trend of increasing gradually. Once the trade secrets were disclosed to others, it not only will cause huge damage to the righter, but also be harmful to the development of fair, sustainable,orderly market competition. Therefore, it is necessary and important to emphasize and strengthen protection to trade secrets in terms of law in the fierce market competition. Throughout the world’s present situation of the legal protection of the trade secrets, there has formed the trade secrets’ multiple legal protection mode. While there is more in-depth discussion and research value on Anti-Unfair Competition Law on the protection of trade secrets because it has more advantages.This article is divided into the following parts:The first part is mainly to the research purpose,research significance,research methods and innovation,in addition,introduce the domestic and foreign research achievements about the trade secrets.In the second part, the author states definition of the trade secrets and trade secret rights in the market competition, clarifies the constituents of trade secrets,the legal attributes of trade secret rights. In the third part,this article compares the multiple legal protection mode,so as to discuss the unique advantage that Anti-Unfair Competition Law to protect trade secrets.Meanwhile,this article introduces the overview of about the protection of trade secrets through Anti-Unfair Competition Law in developed countries and areas, and then sums up some methods worthy of references to our country. In the fourth part, this article discusses the institution intension of the Anti-Unfair Competition Law protection of trade secrets.Through the analysis of the infringement phenomenon and the typical cases in society, it raises the limitation of the protection of trade secrets through Chinese Anti-Unfair Competition Law and the first judicial interpretation of Chinese Anti-Unfair Competition Law. In the fifth part, this article proposes the specific measures about substantive and procedural which should be taken in the perfecting Chinese Anti-Unfair Competition Law.