A Jurisprudence Study On The Protection Of Trade Secrets

Trade secret disputes account for a small proportion of intellectual property disputes,but the trial is generally more difficult.In addition,our country’s trade secret protection system started late,and the courts have less experience in hearing related cases.Multiple reasons lead to more disputes in the trial of trade secrets.Therefore,this article will study how to allocate the information property rights related to trade secrets among private individuals or between private individuals and the public,not only to maximize the social welfare that stimulates the production of new information by trade secret protection,but also to minimize the loss caused by protection of trade secrets based on the trade secret protection system itself by using the approach of the property right school? Firstly,the article analyzes the value conflicts between efficiency and fairness caused by the protection of trade secrets and the initial allocation of information rights.Secondly,the protection of trade secrets is divided into public property rights protection and private property rights protection,which will lead to different social effects.The theory of public property rights protection ignores the protection of the property rights of the owners of trade secrets to a certain extent,but it plays a greater role in the protection of technological progress and the overall interests of society.Therefore,if the scope of business secret protection is defined,it should not only protect the individual rights of the owner of the business secret from a fair perspective,but also disclose the business information to the greatest extent.Finally,this article analyzes the legal provisions and judicial application of trade secrets from static and dynamic perspectives.Although efficiency and fairness should both be taken into account,it requires specific analysis in each caseto determine which value takes precedence.