Study On Legal Protection Of Trade Secrets

With the development of global competition, trade secrets are often filched by economic spies. Accordingly, it has become a global tendency to protect the non-published intellectual property such as trade secrets. It is one of the most exigent tasks to do something about lawmaking and judicial review on trade secrets, which will bring significant realistic sence to protect the international economic benefit of Chinese enterprises and the safety of our country.At present, it is still a new task to protect trade secret by law In China, many problems associated with trade secrets can' t be resolved in practice, and there are also many questions in theory need to be discussed deeply.Based on above thoughts, this paper aims to discuss and demonstrate some aspects of trade secrets such as the tort act of intellectual right, the limit for right, judicial remedy and legislative perfection etc, by referencing the law provisions on trade secrets of other countries combining the basis theory of legal protection. The writer also will bring forward own viewpoints and perspectives in this paper to gain some knowledge in this field.There are six parts in this paper:The first part is the summary about legal protection of tradesecrets. First of all, the writer analyzed the difference and relation between trade secret and a few correlative concepts such as the patentright, technical secret, non-exclusive technology and state secret depending on the definition and protective object of trade secrets. The writer emphasized on the features of trade secret and subsequently talked about the requites to constitute trade secret.The second part of this paper is about the law protection of trade secrets. The writer analyzed the theoretic basis and tenet of trade secret protection based on seeing about the trade secret legal protection system of China and foreign countries. In this paper, the writer pointed out the trade secret' s status in market economy and described the developing process of trade secret's legal protection and emphasized on a few aspects such as civil protection, contract law protection, tort law protection and special law protection. The writer wants to make readers form a synoptical understanding on the legal protection of trade secret through the concept of this part.The third part of this part is about the trade secret' s legal protection systems in different countries. In this part, the writer demonstrated the trade secret' s legal protection system in USA, German and Japan. It is the aim to make some benefit to perfect the system of our country.The fourth part of this paper is about the tort act and right limit on trade secret. First, the writer listed existing different tort acts on trade secret in China and foreign countries and gave corresponding analysis. Second, the writer demonstrated the right limit to the owner of trade secret based on an ancient jurisprudence "any right should be limited" . In the third aspect, the writer discussed two special questions namely if the reverse engineering is legal and if the reverse engineering would destroy the characteristic of trade secret.The writer thought that the key problem is not in reverse engineering per se but in that if the object of reverse engineering is legal and if the reverse engineering has offended the promissory obligation.The fifth part is about the judicial remedy approaches of trade secret. The writer introduced the representational judicial remedy approaches in China and foreign countries and indicated that the law responsibilities of invading trade secret comprised of civil violation responsibility, civil tort violation responsibility, administrative responsibility and criminal responsibility. These responsibilities can be used alone and also can be used together.The six part of this paper is about the defects and legislative perfection of the legal protection of trade secret in China. The writer demonstrated the status in quo of the trade secret' s legal protection in China and indicated its defects and shortages. At the end, the writer argued the n...