Research On Trade Secrets Protection Under TRIPs

The article 39 of TRIPs is on unclosed information which has the same meaning with Trade Secrets. It is the first time for trade secrets to be regulated in a multilateral agreement. Undoubtedly, this is a milestone in the protection of trade secrets. TRIPs, which established the fundamental principles and the minimum protection for trade secrets, is one of the most important substantial agreements of WTO. As a member of WTO, China must fully enforce the TRIPs. What's more, many other countries have founded sound legal systems to protect trade secrets, such as the United States, Japan, Germany etc.. And some countries, like the United States, has specialized laws and regulations on trade secrets protection. As to China, however, there are many loopholes and limitations in trade secrets protection. Under such international and national situations, China must perfect the laws and regulations on trade secrets protection.Whereas TRIPs and the laws of other countries, taking Chinese laws and regulations into consideration, the author discussed the definition, the requisites and the range of trade secrets; the legal attribution of trade secrets; the subject, object and contents of trade secrets right; the relationship between trade secrets right and traditional intellectual property rights; the infringement of trade secrets right and its legal remedies, etc.. In the author's point of view, the intangibility of trade secrets was enough to certify its intellectual property attribution, although it deviated from the traditional intellectual property rights in some ways. The author called on specialized legislation on trade secrets protection and put forward a specific regulation on trade secrets protection.