Research On The Bona Fide Possession Of Trade Secret

With the high-speed development of economy, the enterprises focus the attention on intangible assets represented by information and technology to obtain a competitive advantage. The status of commercial secrets in the market competition is more and more important. Acquirement of trade-secret in good faith led to a conflict between maintaining the transaction security and protecting the holder of the commercial secrets of property rights. The holder of the commercial secret’s private property rights should be protected, while the third person is well-meaning subjectively, and also pays the corresponding consideration objectively, so his legitimate rights and interests should be protected and relieved by law. When these two kinds of value orientation conflict, how the law should balance the interests of both sides, which is precisely the concern of the priorities.On the legislation, we gradually build up the trade secret protection system with <the anti-unfair competition law of the people’s republic of china> at the core, but there is no specific provision in the law of trade secrets acquirement in good faith, the scientific system has not been designed. This also caused lots of problems in judicial practice. Based on this, this paper makes the following discussion.The first part of the paper,first of all, discusses the research purpose and meaning. Allowing the bona fide acquisition system applicable in the field of trade secret, is not only beneficial to strengthening the protection of the rights and interests of bona fides third party, protecting the transaction security and promoting economic development, but also shows a positive function in giving full play to the bona fide acquisition system utility. Then, the paper introduced the necessity and feasibility also concrete system design. The second part outlined the acquirement of trade-secret in good faith, including the following three questions, the concept, the characteristics and constitutive requirement of the acquirement of trade-secret in good faith. This chapter highlights the special characteristics in the acquirement of trade-secret in good faith, for example, the holder of the trade secret and the assignee are "sharing" trade secret, the third person must keep the good will continuously. In addition, the "good faith", as one of the requirements, is more stringent for the third person. The third part analyses the necessity and feasibility of the acquirement of trade-secret in good faith. From these three aspects, including giving full play to the economic effects of trade secret, protecting the trading convenience and security as well as the rights and interests of a third person, we know that the acquirement of trade-secret in good faith must be enforced. Finally, this chapter discusses the feasibility of the acquirement of trade-secret in good faith. The fourth part introduces the current rules on the acquirement of trade-secret in good faith in the countries such as Japan, Germany, the United States, mainly including behavior effectiveness and responsibility, which is instructive for us. The fifth part analyzes a series of rules in local regulations and judicial interpretation, then sums up the deficiency existing. Finally, the chapter puts forwards reform proposal one by one.