The Further Study On The Crime Of Infringing On The Trade Secrets After Affiliating WTO

Because of the rise of the knowledge-based economy and the global development of the economy, the trade secrets have gradually become the focus of the market competition. TRIPS in WTO frame adopted the property right theory. It definite that the trade secrets is a kind of the intellectual property, namely Intangible property right. The theory not only overcome the limitation of the protective system of traditional trade secrets, but also reasonably explained the kinds of behavior within the crime of infringing on the trade secrets. It provides the jurisprudential foundation for pursuing the legal responsibility of the infringing person and the third people. According to the concerning rule of TRIPS and judicatory practice, combining the actual situation of our country with abroad concerning lawmaking experience of the criminal protection of the trade secretes, the theoretical analysis is well incorporated with a comprehensive comparison. From the angle of the criminal law, the essay gives a systematic and detailed analysis of the trade secretes and its actual application, and point out the current lack in the provision, and propose countermeasures and suggestions for implementing.