The Research Of The Trade Secret Right Limitation

As productivity level promotes considerably, the market competition is becomingincreasingly fierce, the rapid development of the social economy, people begin totake commercial secrets by the huge commercial value seriously,how toeffectively use and protect business secret rights has become the competitiveadvantage, its market expansion share the most concern and attention. After aperiod of development, for timely and effective protection of business secret rights ofthe subjects of the legal rights, promote the business secret achievements intoproductivity world each country begins from the legal recognition to protection ofcommercial secret, some international treaties have begun to pay attention to theprotection of commercial secrets, commercial secrets of formal entry into the field ofintellectual property right should be explicit.However, any exercise of the right has certain boundary, every right behind isthe corresponding obligation we should undertake,in order to balance the interests,maintain social justice, the right of commercial secret in the legal recognition andprotection, after a period of period law practice, gradually exposed some problems.More and more business secret rights in reality utilization law" transition" to protecttheir rights, have the right to protect their business secrets as the worker’s non-competeclause set unreasonable restrictions, some people use the commercial secret right tobring its dominant market position to execute tying or price discrimination, somehuman rights even with the protection of business secret as to competitors formalicious prosecution, people who strongly urged to give the right of commercialsecret protected by law began to return to rationality, in the right of commercialsecret protection of commercial secrets beyond recognition should be limited.The necessary limitations for the right of commercial secret is not only forprotecting the rights of people against the business secret abuse, more important is tobuild a free and open, competitive and orderly market system, in order to achieve thebalance between individual interests and social public interests who have the business secret right,Therefore, analizing wholly from the market mechanism and theinterests of the whole community,the limited right of commercial secret is also hasits positive significance.The range of Trade secret right is very wide, from the social publicinterests,and the economic order of coordination, to the exercise of rights between atotal of subjects of rights, the burden of proof for infringement of business secretrights of self-development and reverse engineering aspects askes business secret rightsto make a sacrifice,and give the necessary concessions. But our country law alsomade scattered regulation for the limit of secret rights in the" general principles of civillaw"," law against unfair competition"," Supreme People’s Court on the trial of civilunfair competition case interpretation on the application of law"," Civil ProcedureLaw"," labor contract law"," criminal law" and many other concerning sectors,Because our country doesn’t have a special law on commercial secret to the businesssecret rights, protection, restriction of specific issues as stipulated, therefore in viewof Scattered regulation, by the departments of law on commercial secret right. toanalyze and summarize the experience is becoming particularly important.For the in-depth analysis and reflection on the limitation of the right ofcommercial secret we can recognize our country still has existing deficiencies on theright of commercial secret rights limitations, but also can let us learn to grasp andguide the exercise of the right of commercial secret and the transformation problem,make full use of other countries ’experience on the right of commercial secretprotection and limitation in the future,making a reasonable conception about how toeffectively improve China’s commercial secret rights.