Research On Trade Secrets Injunctive Relief System Of The United States Of America

Injunctive relief is an important part of trade secrets protection.At present,China's trade secrets injunctive relief system is not perfect,but the trade secrets injunctive relief system in the US is relatively mature and perfect.This paper attempts to analyze provisions in the US statute laws of trade secrets injunctive relief,development history,types,applicable conditions,validity period and scope of injunctive relief and summarizes the successful experience of the United States and provide my suggestions on improving China's trade secret injunctive relief system.This paper is divided into four parts and the words amounts to more than 40000.The first part mainly introduces the development history and the statute laws of trade secrets injunctive relief in the US.The part focuses on the statute laws.At present,American statute laws on trade secrets injunctive relief mainly includes “ Defend Trade Secrets Act of 2016”,“Uniform Trade Secrets Act”,“Restatement(Third)of Unfair Competition”and “Federal Rules of Civil Procedure(Rule 65)”,and so on.The second part analyzes the applicable conditions of American trade secrets injuctions.Generally,American trade secrets injuctions are divided into three types: temporary restraining order,preliminary injunction and permanent injunction.The applicable conditions of the three injunctions are similar,generally including the likelihood of success,irreparable harm,balance of equities and public interests.The third part introduces the duration and scope of American trade secrets injunctions.In the part of duration,the author mainly introduces the Shellmar Rule,the Conmar Rule and the Lead Time Rule of the permanent injunction.Shellmar Rule lay stress on strict protection of trade secrets and maintenance of business ethics.Conmar Rule pays more attention to the protection of employees' right of free choice of employment.Lead Time Rule not only protect employees' pursuit of occupation development,but also emphasize effective protection of trade secrets interests and maintenance of business ethics.As the middle way between the former two rules,Leading time rule is more reasonable,but there are still some space for other two rules to be applied.The scope includes geographical scope and scope of contents.The author believes that the geographical scope of the injunction is worldwide.The content scope of the injunction should be defined by the scope of the trade secret itself.And at the same time,the application of equivalents doctrine and the third party should be handled well.The fourth part introduces the existing drawbacks of China's trade secrets injunctive relief and provides suggestions on improvement of China's trade secrets injunctive relief system by borrowing ideas from the US.The drawbacks of China's trade secret injunction system includes incomplete legislation and lack of specialized legal documents,unfair procedure system partial to applicant and lack of experience in judicial practice.The author gives three suggestions to make improvements: to perfect the correlative laws and establish special trade secrets protection law which includes the provisions on injunctive relief,to protect the plaintiff and defendant equally and not partially,to apply the standard of review of injunction accurately and flexibly.Facing trade secrets injunctive relief,we should be “positive and cautious”."Positive" means that we should deal with injunctive relief actively,and legislation and judicial circles should lay stress on the status of injunctive relief in trade secrets protection and exert the function of injunction relief in trade secrets protection."Caution" means that because injunctions have a huge impact on the parties,we must rigorously follow the censorship standards of injunction and issue the injunctions cautiously to prevent huge losses by issuing injunction wrongly and implementing unfair competition by abusing injunctive relief.