Study on Reverse Engineering of Trade Secrets
|Keywords||trade secrets reverse engineering rationality constitutive requirements terms prohibiting reverse engineering|
Reverse engineering of trade secrets is to get technical information from products that come from open channels by technological means,such as disassembly, mapping, analysis. As one of means of technological innovation, reverse engineering of trade secrets has been so for quite some time,and is widely used in practice. Most countries has recognized its legitimacy.But,our relevant laws and regulations are not perfect. So, in-depth study in theory has important practical significance.This text discussess reverse engineering of trade secrets in detail, including its legal attribute, rationality, constitutive requirements, application in infringement action and defects and deficiencies of our relevant laws and regulations. This text is divided into 7 chapters,of 2 to 6 is the main part.Chapter 2:to analyze its conception, advantage, legal attribute and its rationality,and conclude that reverse engineering of trade secrets could promote market competition and push forward technological development. Chapter 3:to analyze its constitutive requirements, including object products coming from open channels,getting ownership or disposition of the object products,no duty of secrecy,no contact trade secrets. Chapter 4:to analyze terms of the contract which prohibit reverse engineering,and came to the conclusion that it’s should be negative. Chapter 5:to analyze its application in infringement action, including infringement defenses, proving that there is no trade secret, and affecting the time of the ban and the amount of compensation. Chapter 6:to evaluate ourrelevant laws and regulations,and provide several proposals to improve the legislative.