Study On The Trade Secret Restriction Problem

With the coming of knowledge economy era, knowledge is closely linked with the economy and as the secret form of knowledge, the trade secrets is concerned, therefore, the related legal issues bring highly attention.The protection and restriction of the trade secret rights are two sides of the same problem. It is told by the legal practice that it is necessary to set up the certain rights boundaries of the trade secret to avoid damages to the public interests and the interests of others by over-protection of the trade secret rights.The restriction way of the trade secret includes the restrictions from the public interests & legal rights of others to the right of trade secrets and from the labor rights & career—choose rights of the employments to the right of trade secrets.Decided by the international rights pattern of trade secrets that China is in and the local status as well, the right restrictions of the trade secret system adapted to China's national conditions shall be established without delay. However, from our existing restrictions system of trade secret rights , there are still many flaws and omissions in the system, it is necessary to develop and improve the restrictions system in the legislative model, legislative intent, legal principles, specific system design and the other related aspects.