On The Conflict And Coordination Between Tra Secert Right And Consumer’s Right To Know

The significance of rights protection lies in the adjustment and distribution of legal interests.The conflict of rights also reflects the conflicts of their respective interests.When both sides of rights are pursuing their own interests,the conflict of rights is very difficult to avoid.With the rapid development of China’s economy,the right of trade secret has been valued and protected by operators because of its huge commercial interests.At the same time,the awareness of citizens’ rights is constantly improving,and consumers’ right to know is also constantly paid attention to.Because the legal interests protected by trade secret right and consumer’s right to know are relative,even if the two rights are within the scope of normal exercise,there is still a greater possibility of conflict of rights.Moreover,due to the legal reasons,the scope of trade secret right and the right to know partly coincide and the boundary is fuzzy,which makes the trade secret right and the consumer’s right to know constantly conflict in practice.If the relationship between the two can not be handled correctly,it will not be conducive to the full exercise of consumers’ right to know,but also have adverse consequences on the protection of trade secret right,which is not conducive to the normal development of socialist market economy.Through theoretical analysis and foreign experience,this paper puts forward the legal principles and specific measures to coordinate the conflict between trade secret right and consumer’s right to know,in order to solve the conflict between the two rights.In addition to the introduction and conclusion,this paper is divided into four parts,a total of 30000 words:The first part is an overview of trade secret right and consumer’s right to know.First of all,specific case analysis.Through practical cases,this paper introduces and analyzes the conflict between trade secret right and consumer’s right to know in reality;secondly,the basic concept analysis.Trade secret right is a kind of intellectual property which accords with economy and confidentiality.Consumers’ right to know is a kind of civil right to know the real situation of products or services,which has a certain attribute of public interest.Finally,the inevitability of the conflict between trade secret right and consumer’s right to know is discussed.The inevitability of the conflict is reflected in the opposite legislative ideas of trade secret right and consumer’s right to know,different protection interests and different values.The second part analyzes the basic theory of the conflict between trade secret right and consumer’s right to know.First of all,the deep-seated reasons of the conflict between trade secret right and consumer’s right to know.Specifically,it includes the wide range of rights,the relative characteristics of rights,the information gap is too large,and the interest demands are opposite;secondly,the significance of coordinating the conflict between trade secret right and consumers’ right to know.The protection of consumers’ right to know is conducive to improving transaction efficiency and ensuring fair trade.The reasonable maintenance of trade secret right can also enhance the vitality of the market economy,and is conducive to the stable operation of the socialist market economy.Finally,the five basic principles of coordinating conflicts should be guided by the principle of equal protection,combined with the principle of right rank,and find the boundary of rights through the principle of necessary knowledge At the same time,considering the principle of case balance and the principle of weak preference,the conflict between trade secret right and consumer’s right to know can be effectively solved.The third part is the reference of foreign experience.First of all,the relevant laws and regulations of the United States.According to the restatement of tort law of the United States,trade secrets refer to various formulas,patterns,designs and information indexes used in commercial activities.In addition,Article 2 of the relief injunction of the uniform trade secrets law stipulates the public interest defense system in the trade secret right,that is,when the public interest is involved,the trade secret right should give way to the consumer’s right to know.At the same time,the rational consumer theory of the United States establishes the rational judgment standard of trade secrets;secondly,the consumer association system in Germany.The German government promotes the economic status of consumers by publishing consumer policy reports.At the same time,the consumer association has a perfect umbrella organization system,and the division of labor is reasonable and clear;finally,the localization of foreign experience is suggested.This paper redefines the concepts of trade secret right and consumer’s right to know,and sets the priority of rights by formulating special rules or principles to coordinate the conflict of rights.In addition,we must further improve the relevant system construction of consumer organizations through laws and regulations.The fourth part,the specific measures to coordinate the conflict between trade secret right and consumer’s right to know.Firstly,the concept of trade secret right and consumer’s right to know are redefined,and restrictive clauses are added to define the boundary of the two rights.At the same time,it is suggested that the judicial interpretation should be issued in time to clarify the ownership of the rights of the disputed matters;secondly,the determination mechanism of trade secrets should be established,and the consumer association should be the judging organization of trade secrets,so as to ease the confrontation between the consumers’ right to know and the right to trade secrets;thirdly,to establish the enterprise commodity information disclosure system to publicize the necessary commodity information.Finally,the evaluation system of corporate social responsibility should be improved.In terms of the conflict between trade secret right and consumer’s right to know,through the thorough implementation of the evaluation system of corporate social responsibility,we can reduce the disadvantages brought by the profit-seeking nature of market economy,so as to coordinate the conflict of rights.