The Legal Researches Of Trade Secrets Which Are Protected As State Secrets

Under the concept of trade secrets, there are lots of technological and operating informa-tion. And some trade secret information are very important to the national security and intere-st. In practice, it is normal that such information are protected as state secrets after speciallegitimate procedures.But the legal character of such information which are protected as statesecrets is indistinct for us, and the doubt would affect deeply in practices of classification,safeguarding, and declassification of such state secrets, so this paper works on this. Thisthesis has mainly researched three issues, that is, property definition of such information, thisis crucial; and based on that definition, it discusses whether the obligee of trade secrets couldfile a case with the court to claim for civil compensation when a divulgation happens and thecriminal liabilities have pursued; at last, it analyses the protection of such information that isfull of commercial value after the declassification.As the guide of such three issues, it has four chapters, and19000words in total.Chapter one is the introduction of the typical case. In this chapter, it focus on that the na-tional security agency investigated under ground of infringing in state secret; but the courtjudged trade secret infringement on the reason that the information involved lack of justifiedprocedures of state secrets,. Thus the paper supposes that if the information involved have thequalification of state secrets, how does the judgment will be? And file such three issues.Chapter two is written in consideration of logic. Through the experience of YunNanBaiYao, Radar Absorbing Materials, Thrust Vectoring Engine Technique, it demonstrates thattrade secret information could be protected as state secret, and emphasizes the significance ofthis thesis in practice.Chapter three is the crucial. In this part, it affirms that the character of state secrets is apower of administrative, but not a right of property, through the analysis to the state secrets.Therefore, it defines that the trade secret information which are protected as state secrets havethe character of trade secrets and state secrets in the same time, that is, the property right oftrade secrets and administrative power of state secrets could be exist with both. Form the pers-pectives of rationalities in theory and feasibilities in practice, it proofs the view.In chapter four, it solves the other two questions. It beliefs that the owner of trade secretscould claim for civil remedies when a divulgation happens and the criminal liabilities have pursued. The declassification of such information, in the proceedings of state secrets, must berestricted to protected its commercial value and competitiveness in the market.