An Analysis On Anti-monopoly Regulation Against Trade Secrets Right Abusement

In the knowledge economic society, the influence of trade secrets right to the competition order highlights "double-edged sword" characteristics, in one hand,it has a unique business value to encourage innovation, and promote competition,in the other hand, its misuse will derive monopolistic conduct, interfering competition consequences. Especially in China as a science and technology development the low level of the developing countries, independent intellectual property ownership is very limited, a large number of technical need through international intellectual property license trade to introduce and multinational company in technology secret licensing process we often uses its advantage position, set unreasonable restrictions, formed in fact of monopoly, long before will damage our country fair and orderly market economic order.Long-term since, for trade secrets of the legal adjustment are limited to the private law, trade secrets, protect the contract theory, tort theory, property rights theory are follow the personal standard civil law, in order to maintain the body's natural rights for the purpose. And the civil law is different, the ata as an important part of modern economic law, the typical state intervention in nature, hence to adjust the concept of trade secrets, starting from the social standard antimonopoly law, in order to maintain the market the effective competition for purpose, for business secret rights for the protection and restrictions. How to regulate trade secret restrictions or misuse of the unfair competition related enterprises, balance to protect business secrets licensor and licensee's interests, for national enterprise win a fair development space, is our country future anti-monopoly legislation, enforcement and judicial each link toward completion of an important mission.The author tries to analysis the trade secrets of the concept and characteristics of existing in the market economy, to the harm of the abuse of the competition order trade secrets act manifestation and the degree of harm one makes a review. Combining foreign some mature legislation and enforcement experience of our country, to regulate trade secrets of the abuse of behavior situation and defects are analyzed, and based on this, the reference of foreign successful experience, the paper tries to build suitable to China's national conditions, with the antimonopoly law as the leading factor, aiming at abuse trade secret rights behavior of the administrative system.