Improving The Legal Thinking Of The Anti-unfair Competition Law On The Protection Of Trade Secrets

With the advent of the information society, as an invisible property recognized publicly trade secret is being paid attention to greatly by all sides related to its interests in the society, because it possesses definite applied value and can bring the right-owners practical or potential economic benefits or competitive advantages. In recent years, cases about trade secret dispute often take place, which attracts much attention from judicial and academic circles; especially in keen market competition, many managers regard the pursuing of maximum benefits and the following of honesty-credit moral principles as two opposite antithesis, considering they are not able to get both of them together. Therefore, the managers usually regard violating others' trade secret unscrupulously as one shortcut to defend their competitors, in order to realize maximum benefits. This kind of conduct directly damages other competitors' legitimate rights and interests, and indirectly damages the consumers' benefits; on the other hand, the fair market competition order is destructed and honesty-credit moral principles get questioned. So, it is necessary to hold the legal protection of trade secret. Britain opened the historical precedent to protect trade secret by law, then western industrial countries like American,Germany successively introduced relevant laws. With economy and trade globalization, world integration deepening constantly, the market economy transcended country borders, business competition increasingly reached dead heat. To occupy technology heights, the majority of developed countries constantly advanced the protection of trade secret, so the international law protection of trade secret finally reached consensus among the member states of World Trade Organization (WTO). The legal theory sector of our country has done more research in trade secret from the perspective of integrated law protection, however, it has done less research in trade secret protection from the perspective of Anti-Unfair Competition Law, and it is more difficult to find systematic summarized information. But it has lots of advantages to protect trade secret through Anti-Unfair Competition Law, for example: flexible definition, big resilience, good practicality, moreover, at present most countries including China recognize Anti-Unfair Competition Law as major means to protect trade secret, so it is of great significance to conduct in-depth study on the protection of trade secret through Anti-Unfair Competition Law.This paper is divided into four parts structurally.Part One is outline. This part discusses four aspects: the definition of trade secret, the legal attributes of trade secret, legal basis on the protection of trade secret and theoretical basis on the protection of trade secret through Anti-Unfair Competition Law.Part Two introduces the overview about the protection of trade secret through Anti-Unfair Competition Law in developed countries and international organizations. In this part the writer mainly analyzes American,German,Japanese,international organizations' typical protection of trade secret through Anti-Unfair Competition Law. Finally, I raise some methods worthy of reference, integrating the abroad state of legislation.Part Three comments the present situation concerning the protection of trade secret through Anti-Unfair Competition Law in China. Generally I divide this part into two aspects, elaborating: Firstly, it is the positive aspects as to the protection of trade secret through Chinese Anti-Unfair Competition Law; secondly, it illustrates the shortcomings concerning the protection of trade secret through Chinese Anti-Unfair Competition Law.Part Four discusses how to perfect Chinese Anti-Unfair Competition Law so as to protect trade secret better. Started from the problems existing in the comprehensive protection of trade secret through Anti-Unfair Competition Law, this part proposes some principles which is supposed to be followed and some relevant specific measures which should be taken in the protection of trade secret through Anti-Unfair Competition Law. This paper mainly uses the following research methods: the unity of analysis and integration, the unity of abstract and concrete, comparison, empirical analysis, and etc.