Private Law Protection On Trade Secret Right

As evaluative information for economy, trade secret has an importantsignificance for the development of corporations and economy. Constant economicdevelopment makes more things noticed by civil law, and because of certainparticularity, trade secret is in the urgent need of protection of laws. Based on thereality, the thesis deeply analyzes the nature of right behind trade secret to seekproper way to protect trade secret.As a legal benefit in our national provisions of law that trade secret should beprotected in Anti-unfair Competition Law. Deeply analyzing trade secret, we will findthat trade secret is more proper to be private right in law—trade secret right to gainprotection. From trade secret to trade secret right, law realizes a span. As a privateright, from nature, trade secret belongs one of intellectual property. Because of theparticularity of trade secret right, it does not have the general features of intellectualproperty, but also has monopoly and indeterminacy in time. The legal protection oftrade secret experienced a period from contract theory to the theory of intellectualproperty. By theoretic analysis, we consider that trade secret right can be protectedunder the theory of intellectual property. Understanding the nature of intellectualproperty, as a private right, the nature of intellectual property of trade secret right hasmany shortcomings, according to current legal benefits of trade secret. Trade secretright is a private right, which can be protected by private laws, embodying autonomyof will, but to protect a right cannot depend only on a single department, but toestablish legal protective system. On the base of established private law protection,giving full play to the subsidiarity of penal law and executive law can protect tradesecret right better.The regulations of trade secret right in our country can be seen in eachdepartment, but not in a complete protective system. After knowing the nature ofprivate right of trade secret right, it’s better to establish protective system trade secret right in private right, especially the protective scope of trade secret right, includingtechnology secret, managing secret and other secret, to define the secrets protected bytrade secret right. Because of confidentiality of trade secret right, relevant factorsneed to be considered while ensuring the protective scope of trade secret right. Tofind out the balance between protection of rights and the freedom of counterpart, canboth sufficiently guarantee the legal benefits of trade secret right and avoid the legalbenefits of other people, which need a reasonable limit on trade secret right. Likeother rights, trade secret right has no right without no relief, therefore after tradesecret right harmed, the relief system is the protection for the right. As of the problemof trade secret right, something needed to be studied is the problems of the doctrine ofliability fixation in liability for tort as well as the compensation for damages. Thedoctrine of liability fixation in liability for tort of trade secret right is mainlyembodied on the aspects of principle of liability for fault and doctrine of presumption.Subjective fault should be regarded as one of the main factors contributing to theviolation of trade secret right so as to protect the freedom of action of counterpart.But considering the difficulty in proof caused by confidentiality, evidence needsequitable distribution between the both sides so as to gain a better effect. The mostdifficult problem in trade secret infringement is compensation for damages. Becauseof the possible huge economic damage caused by infringement of trade secret right,practical compensation becomes a research emphasis. Based on the current situationof judicature in our country, legal compensation amount of damages should be set forthe infringement of trade secret right, which can efficiently solve the tardiness andinsufficiency of compensation. In addition, the lack in vindictive damage in ourcountry can also be solved by combined with legal compensation system.By the complete analysis and study of trade secret right, the affirmation of tradesecret right should be established in law to clear the nature of private right andestablish relative security system of rights. After perfection and integration of thetrade secret right, the trade secret right can not only gain a better protection, but alsofunctions in the future reform in private law. Under the protection of private law, trade secret right will certainly show extraordinary talents, contributing much to thedevelopment socialist market economy.