Font Size: a A A

Research On The Legal Issues Of Enterprise Trade Secret Protection Under The Background Of Internet

Posted on:2022-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y B XingFull Text:PDF
GTID:2506306518451914Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,the protection of business secrets is becoming more and more important for the development of the company and the improvement of economic benefits.The effective protection of business secrets plays an important role in the stability of social and economic order,as well as the innovation and development of enterprises.However,with the rapid development of the Internet,the protection of business secrets of enterprises also presents new characteristics.Compared with the traditional business environment,the business secrets of enterprises in the Internet environment have the characteristics of diversity and universality.For example,the transmission of trade secret data is usually transmitted through electronic data such as electronic data,hard disk,CD-ROM and database.Therefore,in this case Secondly,the infringement of business secrets by illegal elements is more complex and diverse,and the scope of infringement is more extensive,and the losses to enterprises are often more serious and destructive.In the Internet environment,the dissemination of business secrets of enterprises presents new characteristics,so the current laws and regulations of our country have many shortcomings in the protection of trade secrets.On the one hand,there are insufficient legal basis for infringement of business secrets under the Internet environment.The provisions of anti unfair competition law and civil code of China on the identification,protection scope and burden of evidence liability of business secrets in Internet environment are insufficient.In the case of infringement of business secrets in the Internet Environment,they are infringed On the other hand,the government has not perfect supervision mechanism for the protection of business secrets under the Internet environment.At present,the lack of legislation and supervision in China directly leads to the infringement of business secrets by illegal elements in the Internet environment,and the damage to the legitimate rights and interests of enterprises occurs from time to time.In view of the imperfect legislation and supervision mechanism in China,this paper,based on the current situation of the protection of business secrets under the current Internet environment in China,draws on the advanced experience of some foreign countries in the protection of business secrets under the Internet environment,and puts forward corresponding improvement countermeasures to promote the legal protection of business secrets in the Internet environment in China,and to promote the development and development of enterprises The benign competition between enterprises is to protect the escort.Through analyzing the current situation and characteristics of business secret protection in the Internet environment and the current legal protection situation at home and abroad,this paper demonstrates the urgency and main problems of the protection of business secrets under the Internet environment in China.Then,in view of the practical problems of the protection of business secrets in the Internet environment,from the legislative improvement and the sound government supervision mechanism,etc The paper puts forward some suggestions with pertinence.Of course,China is still constantly exploring the legal protection and perfection path of business secrets.In 2020,the State Administration of Market Supervision issued the provisions on the protection of trade secrets(Draft for comments),which defined the definition of trade secrets and the infringement of trade secrets in many aspects,but there are still some places worthy of further discussion.
Keywords/Search Tags:Internet background, Enterprise trade secret protection, Legal perfection
PDF Full Text Request
Related items