The Research on the Legal Protection of Trade Secrets in China
|Keywords||Trade secrets Legal protection Trade secret protection law|
Along with the arrival of the knowledge economy and economic globalization, the economic value of the trade secrets has become increasingly prominent. Has become one important way to gain a competitive advantage for the trade secrets of competitors lack, so as to maximize economic benefits. Trade secrets on the one hand in the promotion of the status of economic development and technological progress more and more important, on the other hand also showed an increasing trend in the number of cases of infringement of commercial secrets, the serious consequences of the damage to the rights holders, but also hindered the normal development of the market economy. Therefore, to strengthen the protection of trade secrets has become the consensus of most of the countries and regions in the world. Although China has initially formed a trade secrets as the core of the Anti-Unfair Competition Law, as the backbone of a series of other laws and regulations to protect the legal system, but it is undeniable, the system of legal protection of our trade secrets, there are still a lot of less than , the legal system is still not perfect. In this paper, the meaning of trade secrets, feature analysis, clear the unique characteristics of trade secrets; based on the legal protection of trade secrets made expositions, through the study of the theoretical basis of the legal protection of trade secrets, as well as its legal protection way, the United States, Germany, Japan, as well as international treaties the legislation status quo of the legal protection of trade secrets parity; analysis of the current situation and existing problems of the protection of our trade secrets laws; ultimately based on trade secrets special legislation vision. In addition to the introduction and conclusion, the body of this article is divided into four parts: The first part is an overview of the trade secrets, mainly write basic definition of trade secrets. The part of First write the origin and development of the commercial secrets, business secrets is the inevitable outcome of the development of the commodity economy, accompanied by the generation of commodity economy, with the development of the commodity economy development. Then a comparative analysis of countries (regions) on the definition of trade secrets, and pointed out that trade secrets are in the process of expanding both abroad and in our country. Finally, we summarized the constituent elements of the trade secrets, including the secret nature, value, practicality, novelty four aspects. The second part is a commercial secret investigation of the legal system, mainly to write some basic theory of trade secret protection. The part of the first analysis of the theoretical basis of the legal protection of trade secrets, theorists summarized a theoretical basis for the legal protection of trade secrets: a theory of contract law, tort theory, unfair competition theory, property rights theory, intellectual property theory. Visit and trade secret protection, summed up the civil law protection of trade secrets, protection of competition law, professional legislative protection, criminal law protection, administrative law to protect the five areas. Finally, the analysis of the protection of trade secrets laws extraterritorial typical example, the text of the United States, Germany, Japan and the international protection of the inspection obtained the trade secrets in the expanding, mainly to establish law, focusing on statutory law and pay attention to the different legal part of the integrated use of three inspirations. The third part of trade secret protection summarize the legislative situation, the protection of the legal system of our trade secrets. The part first summarize the evolution of our trade secret protection legislation, pointed out that after years of development, China has laid the basic framework for trade secret protection legislation. Then summarize the main content of trade secret protection legislation, pointed out that the purpose of trade secret protection legislation is to generate business ethics, inspire technological innovation, safeguarding the public interest, our main piece of legislation relating to trade secrets, including the Anti-Unfair Competition Law, contract law, labor law, criminal law, \Finally, our trade secret protection legislation insufficient analysis, pointed out that China's current trade secrets protection legislation there is fragmentation of trade secrets law protection legislation, the operability of the Anti-Unfair Competition Law, trade secrets recognized standard fuzzy, rights The main finds difficult to grasp the boundaries, trade secrets infringement is not enough punishment, and trade secret protection proceedings is not clear six lack. The fourth part is to improve the legal system of trade secret protection Thinking secret protection legislative path to explore and improve our business in the existing conditions. The part of First analyze the necessity and possibility of the development of commercial secrets in China, and that China should develop specialized trade secret protection law. Then define the secret of the business should be noted that the process of improvement of trade secret protection legislation, the subject of rights determined violating commercial secrets responsibility for third party acting in good faith, punitive damages and several issues to improve the related criminal liability was clear, and pointed out that that should be carried out from several angles of the Civil Law, Labor Law, Criminal perfect.