Study on Trade Secrets Protection
|School||Capital University of Economics|
|Keywords||trade secrets protection measures|
The level of trade secrets protection determines the long-term financial effectiveness and economic trends of an enterprise. It manifests the core competitiveness ofan enterprise, which ensures the enterprise to maintain an exclusive position. It isa field worth in-depth exploration by managements of all the enterprises. To date, the theory and practice researches have been developed rapidly, nevertheless, as a result of the imbalance of economic development, the trade secrets protection status of some enterprises is worrying. It is frequently seen in the newspapers the events of trade secrets leakage that caused by inadequate awareness and insufficient protection measures of the trade secrets as well as the gap of legal protections. There is still long way to go for the enterprises to improve the trade secrets protection level,by enhancing the confidentiality awareness of all the employees and improving trade secrets protection mechanism.In this paper, on the subject of how an enterprise to protect its trade secrets, it illustrates the forms of connotation and extension of trade secrets through literature researches, analysis of the current international and domestic protection levels. Atthe same time, distinguishes trade secrets and state secrets, clarifies the characteristics of trade secrets, lays the theoretical foundation for the related researches. Through the research on the development of the competitive intelligence theories, from the perspective of reverse thinking, it discusses the means of trade secrets leakage and divulgation, summarizes the objective and subjective reasons of ineffective trade secrets protection. Through the case studies, it combines the theory and practices with an aim to fix the existing problem in the theory, and to effectively improve thepracticability of relevant protection methods. The main part of the paper provides the related protection measures and suggestions. It clarifies principles of commercialenterprise trade secrets protection, specifies requirements of “man guarding” by making clear employees responsibilities while building up a professional security department in the enterprise. It also specifies the requirements of “equipment guarding” by discussing related equipment investment. Besides, it specifies the requirements of“technology guarding” by discussing the management of computers and networks, especially the carrier of the trade secrets. It discusses the establishment of mechanismof post-incident response and effective legal remedies. It is hoped that this paper will provide references on “the common work” of trade secrets protection for the enterprises, in order to help every enterprise to establish its “personalized” trade secrets protection mechanism.