A Comparison On The System Of Trade Secret Protection Between Mainland China And Taiwan

The trade secret has become one of the most important forms of intellectualproperty. Its extreme importance has been recognized by the world. The protection oftrade secret does not only relate to the survival of the enterprises in the increasinglyfierce competition, but also decides the international status of our nation. In mainlandChina, the legislation and the theoretical research on the trade secret still has a longway to go compared with other developed countries and areas. So far, there is nospecial trade secret protection act in mainland China. Taiwan’s trade secret legislationis more advanced than that in mainland China.This research has a structure of the framework of the trade secret regulations inthe mainland China and Taiwan. The first part analyzes the legislative backgrounds ofthe trade secret protection. The second part makes a comparison on the systems oflegal protection of trade secrets between the mainland China and Taiwan, whichincludes its definition, the subject of right, subject of liability and violations as well asits confirmation and relief system and so forth. This part also makes an objectiveanalysis on the present state of the mainland China’s trade secret protection,illustrating the reference value of Taiwan’s trade secret protection system. The thirdpart gives legislative proposals for the trade secret protection system of mainlandChina. This article believes that formulating specialized Trade Secret Act is anefficient way to fundamentally solve the problem of trade secret protection ofmainland China. The act may shall stipulate on definition and volatile area of tradesecret, and also contain the provision of punitive damages. Only in this way, we canprovide a strong protection for our trade secrets so as to accelerate the sustainabledevelopment of China’s economy.