The Research On The Defense Of Trade Secret Infringement In China

The trade secrets is one of the intellectual property rights with great competitiveness.About 60% of the technological innovations of science and technology companies first exist in the form of trade secrets.However,trade secrets belong to the private rights which are exclusive with no limitation on the duration of protection.Therefore,if an enterprise pursues economic interests excessively,it will lead to the monopoly of technical information and market economy,the abuse of trade secret rights and any other serious consequences.The defense system of trade secrets infringement is established to balance the interests of the right holders of trade secrets with that of the public.Most foreign countries have formulated separate written laws on the protection of trade secrets,specifying the validity of public interest defense,reverse engineering defense,bona fide third party defense and infringement defense in the customer list,and specifying in detail the applicable circumstances of specific defense.However,there is no special written law for the protection of trade secrets in china.The protection system of trade secrets is mainly embodied in the anti-unfair competition law with no specific and detailed provisions for the above four defenses.With the methods of conceptual analysis,comparative study and literature review,this paper studies the legislative and judicial status quo of the defense of trade secrets infringement.Focused on the problems of the defense system of trade secrets infringement in our country,it discusses how to perfect the system in depth and systematically.Firstly,by analyzing the concept and the constitutive requirements of trade secrets as well as the applicable principles of the defense of trade secrets infringement,it provides a theoretical basis for the research of the defense system.Secondly,it analyzes the current situation and existing problems of the defense system of trade secrets infringement in china.Finally,on the basis of investigating the present situation of the defense system of trade secrets infringement in foreign countries,the paper analyzes the enlightenment to our country and puts forward suggestions to perfect the defense system of trade secrets infringement in china.