The Research On The Trade Secret Injunctive Relief System

The definition of trade secret information means the technique information and the management information, which can bring the economic benefits and have the function to the possessors; The information can't be known by other people. As a matter of fact, a kind of important business secret has already been the life of corporation. The protection to the rights of trade secret information mainly depends on the anti-unfair competition law. But the current legislation on prohibition of business competition is far behind the need of solving the in-creasing non-compete disputes. With the development of violent market competition, it's necessary to study how to protect corporation business secret that faces some new challenges nowadays. Surely, it is more essential to probe into the law study on protections for corporation business secret in our cruel market competition.Injunction is an order made by the court to demand the parties to do or not to do specific act. As an adequate remedy at law, injunction is peculiar system in Anglo-American law system. There isn't a word of injunction in continental law system, but conservatory measures in litigation are similar to it. Injunction has long history and wide-ranging application in Anglo-American law Drawing into injunction is in the historical period of China being about to join WTO. Injunction not only provides stronger protection for the interest in owner of intellectual properly right, but also first brings rules of procedure into substantive rules.Since the trade secret plays a more and more important part in the legal system of Intellectual Property, countries all over the world pays more attention on perfecting its relief measures. And as one important part of the trade secret's relief measures, the Trade Secret Injunctive Relief System becomes the hot topic. In order to protect the legal property of the trade secret's owner in China, this paper tries to suggest building our own country's Trade Secret Injunctive Relief System from analyzing the Trade Secret Injunctive Relief System in other countries. In China, there is no such injunction in law. In practice, measures of property conservation and pre-execution under the Civil Procedure Act are used to prevent and stop the infringement of trade secrets. Such measures cannot achieve the effects resulted from the injunction. It does not hold its stand in theory that property conservation and pre-execution in China are similar to the temporary injunction in common law. To enforce the legal protection of trade secret owners, injunction with its merits should be exploited and planted into Chinese law. The establishment will supplement the inadequate remedies for the trade-secret owners under the current procedural act. At substantial law, the author thinks the way to grant injunctive remedy for trade secret infringement is not simply analogous to that of grant injunctions to stop the tort of property right; it should be further defied with detailed specifications.The paper introduces some practices in those countries under common law when injunctions are used to stop the infringement of trade secrets. Illustrates how to implement and improve the legal remedies in China in there using aspects: condition, range and duration when the trade secret owners are substantially awarded with the injunctive remedy. By analyzing the nature of the auxiliary injunctive remedies related to the injunction, also thinks in China such auxiliary injunctive relief should be established. So, theoretically the system of injunctive remedies will be perfected with the aforesaid establishments for the trade secret infringements. The final section expounds the necessity of the trade secret injunctive relief system that improves Chinese trade secret law. Furthermore the author gives some useful suggestions to perfect the trade secret law system.