Inevitable Disclosure Doctrine Of Trade Secret, As A Reference To China’s Relative Legislation

Inevitable Disclosure Doctrine (IDD) of trade secret is in allprobability involved, when personnel who hold critical trade secretare transferring between rival enterprises.For such situations, it has practical significance how we drawlessons from American relative theories, researches, and injunctiverelief to avoid the potential violations of such inevitable disclosureof trade secret, and to improve our legislation for trade secretprotection. This paper attempts to be elaborated through four chapters,covering detailed description and explanation of theory andprinciple of “trade secret’s inevitable disclosure doctrine”; a furtheranalysis combined with injunctive relief theory in relevant Americanlaws, and a tentative proposal to improve our legislation for tradesecret protection based on the analysis of our current regulations.Chapter one,“the theory of trade secret’s inevitable disclosuredoctrine”; introduces the general methods of trade secret protection,and the establishment of inevitable disclosure doctrine. Scenariosand characters of trade secret’s inevitable disclosure aregeneralized and analyzed through specific cases.Chapter two,“the appliance of injunctive relief of American’slegislation for trade secrets inevitable disclosure doctrine”,describes in details the appliance of injunctive relief for tradesecrets inevitable disclosure doctrine, covering the type,consideration, duration and scope of the applicable injunctive relief.Chapter three,“Analysis of China’s current situation of relevantcivil legislation”, first explains the general protection methods ofIDD; then gives detailed analysis of China’s current situation in trade secret’s inevitable disclosure, relevant civil infringementactivities and injunctive relief. A conclusion of problems and causesis to the end of this chapter.Chapter four,“Legislation proposals of related systems ofChina”, proposes the “legislation of Law of Trade Secret protection”,and further on describes its necessity and importance. This paperalso concludes that China should introduce the injunctive systemwith preventing infringements, and claims of elimination of danger,with a view of improving and developing China’s relevant legislationwork.