Trade Secret Rights Of Property And Rights Restrictions

The business secret has the invisible of knowledge product and can make duplicate as others, its distinguishing the biggest characteristic of other knowledge products is the characteristic which still has to keep secret. "Invisible + secret " of the business secret, can't make it pass the way that the law define produces power to acquire a protection, the way realization that can pass an ego define right protects by one's own, having "inside forbid power" only, but it" duplicate + secret ", make it impossibly expel parallel right of proper existence and expel others but monopolize usage, don't have "forbid power outside". The blemish of the above-mentioned power source of the business secret, can't cause it called an intelligent property right, but is a knowledge property only. But, request the proper which occupies with business secret according to the morals had a preface competition the order to maintain, produce a power protection to the business secret. under the premise that other knowledge products with pass "public right" for price, make up its power source of invisible and duplicate blemish, business secret because of keeping secret of characteristic, reserve to enlarge the blemish of its right origin also, therefore, if the business secret want to acquire a protection, usually needing to be subjected to restriction in it exercise with the protection the process. Concrete but speech, need right a person ego a guarantee business a secret in the business the secret of the usage process of circulate a safety, then make sure protective "the first palisades" of the business secret; But when the business secret look for help, right person again have to definition the protection scope of business secret by one's own, start to establish protective "the second palisades" of the business secret. In the meantime, at business secret right the person has to invent to the independence in the ego the guarantee of the process, anti- to the engineering, Mr. know a technique,. In the meantime, at business secret right the person has to invent to the independence in the ego the guarantee of the process, anti- to the engineering, Mr. know technique, social public welfare and others benefits body now full tolerance.For this, this text protects from the intelligent property right of the general theories set out, passing a right attribute of analyzing the business secret, finding out the existent blemish of the right origin of the business secret, is secret for business thus of right define and right restriction provide viable Theories thus basis, and first step study right restriction of concrete body now with limit, in order to provide a beneficial reference for the right protection of the business secret. The text is totally divided into three parts, the first part discuss business secret of right attribute, the second part discuss business secret of right restriction, the third part tallies up "keep secret of price== right restriction" generally。...