The Case Research on Construction Elements of Trade Secret
|School||Shanghai Jiaotong University|
|Keywords||Constituent elements of trade secrets Secrecy Confidentiality Practicality Valuable|
Trade secrets as an intellectual property , intangible property rights holders , and its importance for enterprises running without saying that language . Therefore , the core of the constituent elements of trade secrets as a commercial secret research , its research of great significance to the protection of commercial secrets . The article is divided into three chapters . The first chapter briefly introduces trade secrets constituent elements . First , introduction of academic debate of the constituent elements of the trade secrets , as well as our legal provisions of the constituent elements of the trade secrets . Secondly, the law of the United States , Japan , South Korea , Taiwan , and the International Convention for the constituent elements of the trade secrets . Chapter II demonstration trade secrets constitute elements of the secret and confidential . Mainly involving secret concept , the relative secrecy understanding , and come out of the novelty of the concept . In this paper, the case comparison , studies need to have the novelty of our court judge trade secrets . The author believes that the novelty should not be as a separate constituent elements , but may be included in secrecy . For confidentiality controversy , mainly in what is reasonable security measures . Chapter argumentation trade secrets constitute elements of practicality and value . Introduces a practical meaning and usefulness of controversy , with the specific case to answer scholars questioned for practicality attributes . Academia controversial value is mainly reflected in the practicality of trade secrets is included in the value of nature , or should the utility and value to distinguish . I also agree to be included in the value of sexual practicality .