Study On Issues Of The Cognizance And Protection Of Customer Lists As Trade Secrets

As a kind of the business information, customer lists could be protected as a trade secret if the lists meet some special conditions. The laws in China, America and some other countries have stipulated the customer lists as a kind of trade secrets. But it is a very complex problem to clarify the customer lists as a trade secret. The cognizance is different from the copyrights of which generates automatically as soon as the works are accomplished, or the trademarks and patents which claim rights from the registration mainly. In the current years, the rights of customer lists are often happen. The cases always relate to the rights to obtain employment and competition because they have the correlation with the employee's job-hopping and unfair competition. At the same time, the market and customers'identity of changing in anytime makes the stability of customer lists is not enough. What's more, the customer lists don't have the absolute secret character lie on the reasons such as the protection merely could be the voluntary action of the rightful owner. Thus these cases are the big problem in the trial practice about intellectual property rights.Now a pair of conflicts obviously happens. On the one hand, customer lists are leaked for the reasons such as employee's job-hopping, As a kind of the business information, customer lists could be protected as a trade secret if the lists meet some special conditions. The laws in China, America and some other countries have stipulated the customer lists as a kind of trade secrets. But it is a very complex problem to clarify the customer lists as a trade secret. The cognizance is different from the copyrights of which generates automatically as soon as the works are accomplished, or the trademarks and patents which claim rights from the registration mainly. In the current years, the rights of customer lists are often happen. The cases always relate to the rights to obtain employment and competition because they have the correlation with the employee's job-hopping and unfair competition. At the same time, the market and customers'identity of changing in anytime makes the stability of customer lists is not enough. What's more, the customer lists don't have the absolute secret character lie on the reasons such as the protection merely could be the voluntary action of the rightful owner. Thus these cases are the big problem in the trial practice about intellectual property rights.Now a pair of conflicts obviously happens. On the one hand, customer lists are leaked for the reasons such as employee's job-hopping, lists, and discussing what contents should be contained for a customer lists as trade secret.Section Two is committed to carding the valid law in America and China of clarifying customer lists as trade secret, and to summarize the basics to clarify customer lists as trade secret.Section Three focus on enhancing the protection for customer lists, including summarize the behaviors of infringing customer lists, and analyzing the enticing action under the view of behalf balancing. What's more, the section brings the suggestion on setting up the mechanism about punish damage in the last.