On The Conflict And Balance Of Interests In The Legal Protection Of The Commercial Secret

The rise of the knowledge economy and the development of globalization have made the commercial secret the focus of market competition. Countries all over the world are laying more and more emphasis on the legal protection of commercial secrets, which is fraught with complicated conflicts of interests. Therefore the coordination and balance of these conflicts have become the law-makers' anchor point of allocating respective rights sensibly in the process of legalization as well as an important basis for judicial organizations to deal with disputes with justice. This paper studies the legal protection of commercial secrets from the perspective of the balance of interest. Suggestions are given on how to deal with the problem of the conflict and balance of interests, following an analysis of the mechanism of the balance of interests imbedded in the laws of commercial secrets.Chapter one makes an in-depth analysis of varieties of conflicts of values and rights in the protection of the commercial secret. The conflict of values is mainly reflected in maintaining free market competition, promoting technology extension and talent mobilization and guaranteeing sufficient employment. The conflict of rights is mainly reflected in the conflicts between the right to commercial secrets and the public interests and the conflicts between the rights of competitors and employees. The analysis is followed by the analysis of the principle of the balance of interests in commercial secrets and its mechanism as well as the basis requirements for this principle.Chapter two focuses on the United States and Japan, which have the most developed economy and well-established protection system for the protection of commercial secrets. It analyses their legal systems in the protection of commercial secrets and the theories, institutions and judicial practices in dealing with conflicts of interests. Comparisons are made to unveil the shortcomings in the legal protection of commercial secrets in our country.Chapter three treats of the current situation of and existing problems in the legal protection of commercial secrets in our country. At present, the regulations in this respect can be found in laws of various departments without an integral system. In dealing with relevant conflicts, some regulations, sticking too strictly to principles, are not operational. Considering the present trend of our economic growth and our judicial practice, it is our pressing need to make a sound protection system for commercial secrets.Chapter four discusses the legislative and judicial perspective. Based on the exploration of the value orientation of legislation and the stipulation of legal clauses, suggestions are offered on how to intensify the legal protection of commercial secrets and deal properly with the conflict and balance of interests, in the hope that it would be of help in the theoretical research and judicial practice.