Business Secret Legal Protection

Under the market economy condition, the economic competition is day by day intense. The business secret is the important method which the competition wins. Is precisely so, appears the following phenomenon: Human resource flow carries off the business secret; The contract lets the side not observe the security duty; The competitor digs the technical backbone, carries off the technical data; The spy steals the business secret and so on. These phenomena appearances, proposed to us such the question which urgently awaits to be solved: How from the legislation as well as the law enforcement, the judicature strengthens to the business secret protection.Looked from the legal history that, to the business secret protection, has experienced from the case-law to the written law development phase. In the recent several dozens years, many countries, especially the western developed country all extremely takes the business secret the legislation work, has formed the more perfect business secret the legal system. At present our country although has certain legislations, but also has some shortcomings or is insufficient. For example in adjustment scope, because does not have the unification the business secret method, unavoidable oversight. The related law often appears like this such loophole to the business secret protection, if "the People's Republic of China Counter- Not Right Competes Law" the applicable scope only to be restricted in between operator's relations, regarding the enterprise if the internal staffs security relations, has not made the adjustment; "People's Republic of China Labor law" the security duty only has made the principled stipulation to the staff. Moreover the existing protection business secret legal rule comparison principle, lacks operationally. If mobile and in the extra-curricular concurrent job reveals or uses the parent unit technology secret about the technical personnel the behavior, related stipulation unusual principle, but compensates the responsibility and the loss computation not extremely is accurate. Also has suffers the infringement after the business secret the judicial relief, like procedure aspect, and so on.The present legal flaw showed that, the urgent need formulates a special protection business secret law to encroach upon the business secret the behavior to perform the rules and regulations, but under present situation, because the condition is not mature, also may take a temporary action to the correlation law consummation. Therefore, this article said from the business secret protection source, to the business secret concept, the scope performs to analyze, during the elaboration at present the various countries to business secret legal protection, carries on the analysis to our country business secret legal protection present situation, proposed the consummation opinion, hoped will be allowed to formulate the unified protection business secret legislation and the judicial practice for later our country profits from.