Font Size: a A A

On The Constituent Elements Of Business Secrets

Posted on:2005-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:X C ChenFull Text:PDF
GTID:2206360125957650Subject:Law
Abstract/Summary:PDF Full Text Request
Constituents of trade's secrets are the core of trade secrets studding. Only people get a agreement about trade secrets' knowledge, they will have the same expectancy. It will be helpful to our legalization and law corporation and order of market economics. But it is the base of studding trade secrets to study trade secret' constituents.Different countries have different definition about trade secret, because they have different stands which show they have different theories how to protect trade secret. If trade secret is protected by contracts, it only shows legislators' regardless to trade secrets right. If trade secret is protected by Ant-unfair competitive law, it just adjusts the relation-ship between businesses, and it's adjust range is narrow. " Economic right and civil right have the basic difference, the former emphasis country's government-public right, but the later emphasis idea of self-government between obliges-private right." Trade secret is one of intellectual properties; intellectual properties came from the situation where wasn't suit for private right generation. In the latter, it was accepted for private right by many countries. Now, the quality of intellectual properties' private right isn't changed, but the degree of country' intervene is becoming stronger. Trade secret is also economic right. It is not enough that trade secrets is only adjusted by economic law, it also needs civil law's adjust. So setting unified trade secrets law is necessary.Different scholars have different division standard about constituents of trades secrets, zhang yuri thinks that constituents of trades secret includes practical, valuable, manageable, secretly and novel, as we know from his trade secret law. Other scholars think it includes practical (valuable), manageable, secretly. I think it should be divided in order to different contents. It is consist of basic constituents and additional constituents. Basic constituents include practical, manageable, secretly; additional constituents include time and novel. These are the main part, and my brave creative.The article shows own other options, such as justice 's free judge right in the trial; trade secrets strong protection; trade secrets law adduction together with Ant-unfair competitive law; and so on.
Keywords/Search Tags:trade secrets, constituents, intellectual properties, non-fair competition, reconstructive of legislation
PDF Full Text Request
Related items