A Study On The Criminal Protection And Civil Protection Of Trade Secrets In China

In the21st century, with the development of information technology, intellectualinformation increasingly affects the development of social economy. Trade secrets,which based on the intellectual information, plays a larger role in the marketcompetition, and therefore more and more countries focus on the legal protection oftrade secrets to safeguard a fair competition environment in the market and theinterests of obligee. However, the legal protection of trade secrets in China is notconsummate, especially reflected in the mutual conflict and disharmony between thecriminal and the civil protection system of trade secrets. In the academia, researcherslike to focus on the legal system of trade secrets from one perspective of civil law orcriminal law, while ignoring the study on coordination of criminal protection and civilprotection. So I intend to study on the coordination of criminal and civil protectionsystem for trade secrets, and propose some countermeasure and suggestion.This article has five chapters.The first chapterwillfocus on the basic concepts of trade secrets, and will especiallystudy on the definition and the elements of it.The second chapter will study on the legal protection of trade secrets. It willintroduce the basic theory of legal protection on trade secretsand four kinds ofinfringement acts of trade secrets, and then make some comments.Thethird chapter is the study on the legal system of trade secrets of tworepresentatives nations--the United States and Germany. It will first introduce thelegal system of trade secrets and then analyze the pros and cons of it as a reference.The fourth chapter is the research onthe specific performance of the problembetween Criminal and Civil protection of trade secrets.It will introduce the status quoof trade secrets legislation and the conflict between Criminal and Civil protection injudicial practice.The last chapter is to study on the resolution of the problem between Criminal andCivil protection of trade secrets. This part is the core of this article. The author willpropose somecountermeasure and suggestion from three perspectives.