Protection Of Trade Secrets Competition Law

The definition of business secret information means the technique information and the management information, which can bring the economic benefits and have the function to the possessors; this information can't be known by other people. The characteristics of secret information include value, function and secret. Compared with other intellectuals, the protect forms to the business secret information have many advantages.The business benefit is the core of the secret information law. The protection to the rights of business secret information mainly depends on the anti-unfair competition law .the purpose of anti-unfair competition is protect the legitimate rights of secret information possessors and make the market competition environment fair. However, the rights are restricted by anti-trust law.The law of business secret information of foreign country has experienced an endless development period. In the early days, the contract was the single protection method. Thereafter the protection regulation have increased the unjust enrichment and seized the infringement method protection, then arrived to protect the rights by the private law and public law at the same time. With the international treaty which protect the business secret information appeared, the protection system have becoming the diverse law system.In our country, the protection consciousness to the business secret information is becoming more and more form nothing. At first, the technique information is the single secret. Gradually, the scopes of secret information have expanded the technique information and the management information. Therefore the law responsibility forms and resource also have experienced the perfecting process from lack of.In recent years, the case quantity that infringes upon the business secret rises year by year, more and more people use the litigation method to support own legalrights.The secret information infringement means obtaining the business secret and taking into public or using with the possessor's permitting by illegal method. In our country, according to the anti-unfair competition law, the person undertake the infringement would take the responsibility include civil responsibility, the administration responsibility and the criminal responsibility forms. Thus the integrate law system have provide or the possessor of secret information. However, there are many difficult questions to solve in practical of the business secret information cases.In the future, we will still face to solve many problems; such as perfect the protection theories of secret information, harmonize the benefit confliction between business secret information and public benefit etc...This thesis analysis the nodus questions by clearing up the data and inducing, in order to make up the business secret information law system. Furthermore the author gives some useful suggestions to perfect the secret information law system.