The Principles Of The United States Trade Secrets Legal System Inevitably Leak

With the advent of the knowledge economy, the importance and irreplacement of trade secret are gradually emerging, and trade secret is more important than the copyright, patent and trademark , and becomes important component of the field of intellectual property. Secrecy is a major identity of trade secret, the characteristic which would no longer exist when it is disclosed determines the specificity of its protection, namely either actual or "threatened" misappropriation of trade secret shall be both prohibited.The first part is the foundation for the article. The threatened misappropriation of trade secret is the situation that the way that behaviors grasp must use the trade secret .This is not only the medically intractable problem, and the instinct of the pursuit of human, but also contrary to the principle of equitable development. And the inevitable disclosure doctrine is born to solve the above problem. The principle is the judicial adjudication one that the court judges if there is trade secret which is disclosed inevitably or usurpation basing on environmental evidence, and further gives a injunctive relief.The second part introduces series of precedents.The inevitably disclose doctrine was applied in the United States judicial practice about the protection of trade secret more than 100 years. As the times change, it has been developing, but its essence has not changed.The third part introduces that the confidentiality agreement and the not-competition agreement are both play an important role in the protection of trade secrets from actual or threatened misappropriation , and the inevitable disclosure doctrine is a principle that judges the existence of the threatened misappropriation of the trade secrets.It is the relationship between them.The forth part introduces that the inevitable disclosure doctrine is the judicial judgment to the threatened misappropriation of trade secrets, therefore its application should be so strict and careful to protect the trade secret absolutely, especifully in evidence, the scope of application and the judge's right of flexibility and discretion.At present, there are not any legal provisions and jurisprudence in the area of threatened misappropriation of trade secrets in China,and there is also little research on this issue in...