Protection And Regulation Of Anti-unfair Competition Law On Business Secret

According to law, the business secret is refers to the technical information and the management information, which is not learned about by the public, can bring the economic interest and the competitive advantage to the owner, has the usability and takes the security. Business secret protection level has decided a country’s economic potentiality and the technical level to a certain extent. Therefore, Various of countries decide the business secret protected mode according to own concrete national condition. What our country adopts is take unfair competition as the core, by criminal law, law of contract, labor law and so on related law as auxiliary business secret protection system.Since anti-unfair competition law’s implementation, it has been playing the influential role in the business secret protection aspect, but along with economic development and advance in technology had some unprecedented new problems in the business secret right infringement aspect. The anti-unfair competition law’s hysteresis quality also day by day appeared. This article from introduced that anti-unfair competition begins to business secret’s protection present situation, Refers to German, Japan’s legal rule suitably, Summarizes our country anti-unfair competition to the business secret protection superiority and the insufficiency, and proposed that consummates anti-unfair competition several suggestions.The whole thesis is composed of five parts:The introduction part outlined has studied this topic the goal and the significance as well as this article reference.The first part elaborated the business secret elementary theory. Including business secret concept, legal attribute, right attribute, various departments law to business secret protection.The second part elaborated anti-unfair competition to the business secret protection superiority. Points out this chapter the theory question from four angles.The third part elaborated the individual developed country. Anti-unfair competition to business secret protection condition. Introduced Germany, Japan, anti-unfair competition stipulation briefly.The fourth part elaborated our country anti-unfair competition to the business secret protection present situation and the existence question. The protection present situation aspect mentioned the business secret concept, oblique’s right of suit, the abuse of authority type as well as the right infringement responsibility four aspects. Then separately from the concept, the right attribute and the right ownership, the abuse of authority, the relief situation, the onus probed, the prohibition rule relief system aspect has pointed out the existing legal deficiency.The fifth part elaborated consummates our country anti-unfair competition the principle of abstraction and the concrete mentality. The principle of abstraction from the competition order, the right uses, encourages to research and develop three angles to launch; The concrete mentality from presents evidence the inversion, the relief situation, the punitive indemnity, the prohibition rule relief, the network right infringement, the right infringement main body six aspects to launch.