Confidentiality Of Business Secret

With the coming of market oriented economy and information society, information has turned into a kind of strategic resources, which makes more and more enterprises attach importance and favor to business secrete in the form of information. Protection of business secrete has become a subject that shall be faced with and urgent to be improves nowadays. The author believes that confidentiality is the core meaning and basic feature of business secrete, as well as the fundamental characteristic distinguishing from the other rights involving intellectual property right.The research and study to confidentiality of business secrete starts with the existing legal system of business secrete protection in China, summarizes the judicial practice and compares with the relevant foreign legislation & judicial experience for reference. First of all, the thesis analyses the inherence &protection theories of business secrete, and presents the dual legal protection mechanism in creativeness, i.e.,1) the protection of business secrete in the scope of business competition shall be regulated by Anti-Unfair Competition law; 2)the intended disclosure of non-competitive related business secrete belongs to the scope of juristic personality right(information right) protection in substance. Then the thesis implements a detailed analysis to the judicial judgment method and standard concerning the various elements of confidentiality of business secrete. Eventually the thesis proposes the practical exercising means and construction consideration for the mechanism of remedies to protect confidentiality of business secrete in an effective way, expecting to help solve a great many of problems occurred in present judicial practice.