Perfect The Legal Protection Of Trade Secrets In China

In a market economy, trade secrets has become a business to consolidate its market share, based on the economic tide without winning back the magic weapon. The role of trade secrets more important, their need for protection has become more urgent. From the world of trade secret protection legislation, this trend is to continue to strengthen. Of course, all countries in the world for the legal protection of trade secrets specific model is different, its focus is different. At the same time, some of the relevant norms of international law, has been on the increase in the terms of the protection of trade secrets. In our country, the protection of trade secrets in order to take the "Law Against Unfair Competition" at the core of the protection mode, the violation of trade secrets have been recognized as an act of unfair competition, the perpetrator may not bear civil liability, but also Will assume administrative responsibility and criminal liability. But in many ways the protection of the law, trade secret protection of the issue of convergence has not been of great importance to legislators, resulting in trade secrets law to protect the connection between a lot of problems. In the protection of trade secrets, the paper tries to select the legal protection of trade secrets as the interface between research in the hope of China's legal protection of trade secrets to improve the system to provide some useful suggestions.Writing this article can be divided into six parts:Part I: Introduction. In the introduction, this paper at home and abroad for the protection of trade secrets related to the issue of a brief introduction of the academic mainstream point of view of some of the analysis carried out, this is the starting point for this research. Part II:China's trade secret protection and legislation. Part of this combination of our existing laws on China's current trade secret protection legislation and its introduction was made. China's current trade secret protection for the existence of a variety of laws and regulations, many law departments are involved in the protection of trade secrets, so this part of our trade secrets and the protection of specific legislation, in particular, a number of specific laws and regulations, made For details and analysis.At present, trade secret protection in the protection of civil and criminal protection, criminal and administrative protection to protect the larger conflict between the gap, or can not effectively protect trade secrets. As a result, this part of the protection of trade secrets between the depth of the analysis should be improved through legislation to address the protection of trade secrets issue of convergence. Part III:the establishment of a unified "trade secrets protection law". This article holds that China's wish to fundamentally solve the problem of trade secret protection of convergence, the need for unity, "Law on the Protection of trade secrets", specifically, should clear the right of ownership of trade secrets, intellectual property rights as a. In the specific design of the system, should change the existing pattern of trade secret protection legislation, in particular, should pay attention to the protection of civil and criminal protection of the interface between the executive protection and the protection of the interface between criminal and so on, you can consider changing "after the first sentence to the people" .The tradition in the field of protection of trade secrets to "our ancestors after the sentence", as well as administrative law-enforcement agencies should be established communication between the judiciary and the mechanism in the law enforcement focus on the process of compliance with procedures, the protection of the rights.