Study On The Inevitable Disclosure Doctrine In The Protection Of Trade Secrets Of The United States

The inevitable disclosure doctrine is an important principle in the protection system of trade secrets,as a means of relief in advance,this principle can timely mitigate or avoid the huge and irreparable losses caused to the obligee by the infringement of trade secrets,it is significant to the development of trade secrets protection.This paper makes an in-depth study on the inevitable disclosure doctrine from its development and characteristics,through the specific cases in American judicial practice,analyzes the different application situation of the inevitable disclosure doctrine in the different regions in the United States,combines with the practice of our country,puts forward some suggestions for improving the protection of trade secrets in China.As an effective means to prevent the infringement of trade secrets,the inevitable disclosure doctrine breaks through the dilemma of the hysteresis of trade secrets protection,alleviates the difficulty of obtaining evidence for obligee of trade secrets,to some extent,it is beneficial to improve the protection system of trade secrets.It is necessary and feasible for our country to introduce the inevitable disclosure doctrine.Our country should establish the special trade secrets protection law,through the special legislation to clearly stipulate the inevitable disclosure doctrine and specify the application conditions,strictly limit the application of this principle in order to safeguard the legitimate rights and interests of the trade secret obligee,create a sound market environment for fair competition and improve the trade secrets protection system.