Probing Into The Infringement Of Trade Secrets And Its Civil Judicial Remedies

Today, laws in many countries have provisions regarding trade secret infringement and civil judicial remedy thereof, and scholars in China as well as oversea probe into such issues and have made obvious attainments. However, neither scholars nor practical circles research how to strengthen the combination of theoretical research and judicial practice too much; even if so, the related studies are in early stage and have different ideas. In china, the studies related are also in the starting point about the infringement of trade secret and legal system on trade secret has not been upgraded, which can't meet the needs of sophisticate economic life. Hence, it is necessary to make an intensive study on such system, especially to correlate the theory with the practice. This dissertation, starting from the fund mental aim that trade secret law protects fair protection and safeguard the legal rights and interests of trade secret owners, combining with the nature of trade secret and infringement thereof, systematically probes into several main issues regarding civil judicial system of trade secret infringement, in order to develop and deepen theoretical research regarding civil judicial remedy arising from trade secret infringement and, to some degree, be benefit of judicial practice related.The dissertation, by analying the historical robet and development of the theory to protect trade secret, the different demand in respect of the construction of trade secret infringement and normal torts, legislation on trade secret in China and overseas as well as judicial practice, makes clear the misunderstanding concerning theconstruction of trade secret and civil judicial remedy arising from trade secret, tries to pose appropriate settlement, so as to realize the combination between theoretical research and judicial practice.In view of the fact that civil judicial system on trade secret by China's current laws is not concrete and perfect, including that some provisions in the said laws conflict with WTO's related rules, it is necessary to go further to upgrade it. This dissertation poses that, under the precondition that the fundmental aim of trade secret law shall be safeguarded and useful theoretical attainments as well as experience of legislation may be introduced, provisions on the nature, forms, principles to confirm, compensation for damages and the liability of fixation of trade secret infringement shall be united well by legislation, thus to construct a scientific system of civil judicial remedy on trade secret which meets the needs of current economic life .