The Study Of Legal Issue On Technical Secret Licensing

Technical secret has been setting foot into research field of vision with the development of science and technology, particularly in the field of new energy, material and technique, which is playing an increasingly important role. Compared to patent right, technical secret has unique advantages, if adopting the technical secret to protect science achievement, the owner of which does not pay maintenance fee without any limitation of the protective term. Therefore, more and more inventors choose technical secret as the protective vector of science achievement instead of the patent right. In practice, the effective method of converting technical secret into productivity and interest is used in licensing, due to being revealed the secret, dispute of which is inevitable. However, it is of great importance to study how to bear legal liability and offset the loss. This paper analyzes the reasons of the dissension produced in the course of licensing, with dialectical thinking, discussing the approach to decreasing and preventing from the dissension.Firstly, the paper mainly introduces the relative conception regarding the technical secret, analyzing its legal feature, so that is clarifying the proprietary attribute of technical secret, which provides with the theoretical foundation to resolve the problems. Thereof, it presents a category of forms on technical secret licensing, discussing the necessity and the feasibility of compulsory licensing for technical secret, emphasizing the fact that it is effective access to protecting technical secret itself in order to maintain the owner right, as well as appealing for legal acknowledgement.Through analyzing the conduct of infringing technical secret and the situation of the present protection, this paper discusses the nature of the litigant rights between the licensor and the licensee, thereof, handling the problem referred to infringing technical secret in the perspective of legislation. Three aspects of improving the way to protection of technical secret are put forward, among of which are the legislation mode, the relationship between the rights and obligation of the parties defined by the content of the licensing contract, and the litigation procedure. From the angle of actuality, it is deemed that protecting technical secret itself means the way to maximize the profits in consideration of licensor and licensee, which displays the value of technical secret. It is suggested to lay down the special regulation, making the "Interim Measure for the Protection of Trade Secret on Central Enterprise" as law, in order to enlarge the extent of the right holder, safeguard the owner's profit in multi-angle and multi-level, which will promote the growth of social productive forces.