The Research On The Legal Protection Of Trade Secrets In China

With the knowledge economy and the advent of economic globalization, the economic value of trade secrets become more and more prominent. with the trade secrets that competitors don't have been an important competitive advantage and become an important way to maximize economic benefits. Currently, on the one hand, trade secrets play more and more important role in promoting economic development and technological progress, on the other hand, the number of cases of infringement related to trade secrets has also increased year by year. This situation cause serious damage to rights holders, but also hinder the healthy and orderly development of market economy. Therefore, pay more attention to it and strengthen the protection of trade secrets has become the consensus of most counties of the world. Although China has initially formed the legal system protection of trade secrets that "Anti-Unfair Competition Law" at the core, the backbone of a series of other laws and regulations , but it is undeniable that there are still many deficiencies in China's system of legal protection system of trade secrets, the legal system is not yet perfect.In this paper, at first the author elaborate the meaning, character of trade secrets, analysis, defined the unique characteristics of trade secrets; on this basis, the legal protection of trade secrets would be discussed by studying the legal protection of trade secrets as well as the theoretical basis for its legal protection way, the United States, Germany, Japan and the international treaties on legal protection of trade secrets were parity Legislation; then, analyze the legal protection of trade secret status and problems; eventually the vision of special legislation for trade secret is made.In addition to the introduction and conclusion, the article's text is divided into four parts:The first part is an overview of trade secret, mainly to write a basic definition of trade secrets. First, write the part of the Origin and Development of trade secrets, commercial secrets that are the inevitable product of the development of commodity economy, accompanied by the production of economic goods produced, with the development of commodity economy and development. Then, the (region) on the definition of trade secrets a comparative analysis, that both abroad and in China, trade secrets are at the growing process. Finally, the composition of the trade secret elements were analyzed, and should include a secret, value, practicality, novelty, four aspects. The second part is the general legal system, trade secret investigation, mainly to write a number of trade secret protection based on theory. The first part of the legal protection of trade secrets theory analysis, summarized the theoretical circle of legal protection for trade secrets of a theory: theory of contract law, tort law theory, theory of unfair competition, property rights theory, intellectual property theory. Then the way of trade secret protection to inspect, summed up the Civil Protection of trade secrets, protection of competition law, professional legal protection, criminal law protection, administrative protection of five. Finally, the extra-territorial legal protection of trade secrets typical example of the analysis, the text of the United States, Germany, Japan and the international protection were investigated, the content of trade secrets obtained in the expanding, to the formation of the main focus and attention to different legal statutes part of the integrated use of three China.The third part is our trade secret protection legislation and its assessment mainly on the legal regime of trade secret protection for induction and assessment. The first part of the evolution of trade secret protection legislation to summarize, that after years of development, China has laid a trade secret protected the basic framework of legislation. Protection of business secrets and then the main content of legislation to summarize, that trade secret protection of the legislative intent is to generate business ethics, encouraging technological innovation, public interest, our primary legislation on commercial secrets, including "Anti-Unfair Competition Law," "Contract Law", "Labor Law", "Criminal Law" and so on. Finally, legislation on protection of business secrets of the deficiencies pointed out that China's current trade secret protection of the legislation is the legal protection of trade secrets legislation is too scattered, "anti-unfair competition law," the operability is poor, there are many gaps in the legislation, the subject of rights is not clear, the punishment is not enough trade secret infringement, trade secret protection proceedings the lack of uncertain six.The fourth part is to improve the legal system of protection of business secrets thinking, mainly on improving the existing conditions, trade secret protection legislation in the path of exploration. The first part of our trade secrets developed to analyze the necessity and possibility, that China should develop specialized trade secret protection laws. And trade secret protection legislation in the improvement process should be noted that definition of trade secret, right of the main identification, bona fide third party the responsibility of trade secret infringement, punitive criminal liability and improve several issues related to clear, and that should be from the perspective of "Civil Law", "Labor Law" and "Criminal Law" to improve.