Study On International Protection System Of Trade Secrets

With the rapid development of economy and trade around the whole world, business security has become increasingly important for enterprises to grab the market and competition. While at the same time, business infringement has challenged as well the law of business security.The paper includes five parts:Part I mainly introduces the definition and the constitutive requirements of trade secrets. Through analyzing the regulation of different countries and international conventions, the paper draw the conclusion that trade secrets is the information that as a body or in the precise configuration and assembly of its components is secret and has commercial value because of its secrecy and has been subject to reasonable steps to keep it secret by the person lawfully in control of the information.Part II analyzes the historical change of the international protection of trade secrets, especially analyzes the appearance of the trade secret protection system, and analyzes the several protection theories comparatively. The paper also analyzes China attitude towards the international protection of trade secrets.Part III introduces the reorganization and legal remedy of trade secrets infringement. First of all, the author analyzes the constituents of the trade secrets infringement by analyzing the stipulation of infringement of common law. Secondly, the author discusses the ascertainment and legal responsibility of the third party in good faith in trade secret infringement. Last, the writer general introduces the representational judicial remedy approaches in China and indicates that the law responsibilities of invading trade secrets comprise of civil violation responsibility, civil tort violation responsibility, administrative responsibility and criminal responsibility.Part IV introduces the legal protection system of trade secrets in our country, and points out that the trade secret protection of our country is not perfect enough through analyzing the present protection situation.Partâ…¤proposes some suggestions on improving legal system about trade secrets of our country, namely formulates a Uniform Trade Secret Law, further stipulates the concept,constitution and the extent of protection of trade secrets, revises compensation standard and sets up the punitive indemnity system, perfect trade secret tort relief system, stipulates the injunction relief system, adds stipulation on competition, makes the explicit stipulation about the legal liability undertook by the employee who violates his responsibility to keep the trade secret of the company, adds the stipulation about how to protect trade secret which provided to the government department, Meanwhile, we should carefully deal with the relationship between Law on Trade Secret Law Protection and related act, set up the perfect legal system to protect trade secret. At the same time it seeks the way how to protect their trade secret in enterprise. The thesis's main idea is to complete the system of trade secrets protection in our country.In today's society, trade secret is the lifeline of enterprises. We must further perfect our country's legal system of the protection of commercial secret, such as making the Act of Commercial Secret Protection as soon as possible, strengthening the self-protection and the judicial protection of the people who own commercial secret, making full use of international practice.