Improvement Of Legal System Of Business Secret

With the development of the science and economy integration as well as the coming of knowledge economy, intellectual property (IP) plays a daily more important role in the international competition. In such a fierce market, various market bodies keep some important technologies and business information secret in order to win competition edge. Business secret has been a focus of attention. Intensified legislative protection, a clear definition of both the scope and elements of business secret etc, are all the preconditions of effectively protecting business secrets. Business Secret, in the TRIPS constituted by WTO, is defined as"undisclosed Information". And according to China's Counter Unfair Competition Law, business secret refers to the technological information and business information which is undisclosed to the public and specially kept secret by the owner, besides, the information should also bring economic benefice to the owner.This paper starts from the concept and elements of business secret, and makes a detailed analysis its legislative characteristics. Based on a thorough review on the current laws, the author made clear the criminal responsibilities, civil responsibilities and administrative responsibilities one should assume if he violates the business secret right; besides, she paid special attention to the shortcomings of current laws on business secrets and made an attempting discussion on the laws improvement. In all, the author hopes this paper will be beneficial to the improvement of legal protection system and have the market competition adapt to the international integration.