Discuss On Penal Protecting On Trade Secret

It is an international development general trend to protect intellectual property in penalization so that protect intellectual property surely. Trade secret is a part of intellectual property, protecting the trade secret is required by the trend. The paper have fully research the regulations of protecting in the relation international convention and the penal protecting on trade secret in Taiwan area of China and the main countries of the world, at the meantime, declare the law implication of and the three construct characters secret, value as well as security. After understanding the legislation conditions of penal protecting on trade secret in the world, especially, examination and comparison the advantages and disadvantages in penal protecting the trade secret in China. The paper put forward a series of constructive suggestion on penal legislation in infringement of trade secret in China and deeply analysis the crime of infringement of trade secret in Chinese penal code in 1997 from the four important conditions of criminal construction, crime and non-crime, this crime and that crime, and other aspect and the judicial operation and criminal affirmed. The finally, according to the characters of trade secret, the paper suggest it is necessary to make a further completion and addition on competency, burden of proof, civil relief and setting security procedure in criminal procedure on the case of infringement of trade secret.