Discussion on Key Points of Definition and Protection of Trade Secret
|School||East China University of Political Science|
|Keywords||Trade secrets Identified Protection|
Trade secrets are an important part of the intellectual property, the company's core assets. With the development of market economy, trade secrets infringement growing phenomenon, companies began to attach importance to the protection of commercial secrets. But relatively speaking, domestic trade secret protection status quo is not satisfactory, and domestic enterprises do not understand the very relationship between trade secrets and its legal protection. I write this article, Recognition and Protection of trade secrets related theories are discussed and summarized based on a number of key issues concerning the order to clear the place of trade secrets Recognition and Protection doubt, and put forward some proposals on the basis of our trade secrets related legislation. This paper is divided into five chapters, to do a more comprehensive, systematic exposition of the legal protection of trade secrets. Chapter 1: definition of commercial secrets and identified. This chapter from the history of the development of trade secrets, the definition of trade secrets. On this basis, the identification of trade secrets from two discourse: first, the content of the commercial secrets; Second, trade secrets constitute characteristics. On this basis, the loss of part of the trade secret rights overall trade secret rights. Chapter II: trade secrets laws and properties. This chapter discussed the important issues in the legal ownership of trade secrets, trade secret protection. Through discussion and comparison of the Chinese Civil rights, to discuss the essence of the commercial secret ownership and legal characteristics. Chapter III: trade secret protection theory. Theory of tort theory, the theory of property rights more popular in the international protection of trade secrets theory discussed in previous chapters, this chapter presented and discussed trade secret protection contract theory, the destruction of confidential relationship, unfair competition and other The advantages and disadvantages of a more detailed comparison. Chapter 4: trade secrets infringement. This chapter discussed the definition of trade secrets infringement, and identified characteristics. How to define infringers whether the conduct constitutes a commercial secret infringement occupies an important position in the whole trade secret protection in the legal system, and the world in national laws, regulations vary, I conducted a comparative exposition. In addition, in order to better understand the trade secrets infringement defined, the author discussed the exception behavior does not constitute a commercial secret infringement, and common reverse engineering constitutes trade secrets infringement issues to further explore. Chapter 5: Legislation Overview of China's trade secrets and related recommendations. This chapter is an overview of our trade secrets legislation, discussed about the role of law in the protection of commercial secrets. In addition, based on the lack of discussion of trade secrets legislation exists, the author of our trade secrets related to the improvement of the legislation made the proposal.