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Law Protection Of The Trade Secret In The Network Economy Environment

Posted on:2012-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2166330332979453Subject:Economic Law
Abstract/Summary:PDF Full Text Request
From 2010 the top 500 list, China enterprises have occupied 54 seats, many high-tech enterprises is through the trade secrets of this important intellectual property strategy, continue to enhance the core competitiveness of enterprises to cope with increasingly fierce international Economy market competition. The current technological era, with widespread use of the global Internet, the network channel leakage of trade secrets has become another important way. To prevent competition in the world economy, the development of new electronic technology attendant problem of commercial secret infringement, the relevant laws around the world have taken measures to effectively maintain the network stable economic environment, protect the legitimate rights and interests of trade secrets, and promote global economic development.In this paper, the background of the network economy, from the computer, the Internet, digital communications technology to trade secret protection proceeding brought many challenges to the hot issues for the legal protection of intellectual property rights perspective of the analysis of the multinational protection experience, To improve the legal protection of business secrets reasonable proposals put forward. This text is divided into six parts. The first part is the chapter introduction, a systematic exposition of the network economy on trade secret protection of the main background of the network economy be introduced, noting that technological innovations in such circumstances the economic benefits to society while also presented new challenges.The second part, trade secrets, compared with the traditional intellectual property has many different characteristics itself as a valuable intangible assets of enterprises, should be regarded as a special kind of intellectual property protection, here in the description of the relationship between trade secrets and intellectual property on the basis of trade secrets, technical secrets and state secrets to distinguish between the three concepts of comparison. And then says the Internet from the network economy multidimensional space is open, the risk of new technology such as the perspective of the various risks to start their own, secret storage of commercial carriers and the space environment in this way to show the number of electronic features, infringement form the main body of the diversity of means of high-tech features and the difficulty of proof to analyze that, in turn leads to the fourth part of that era of the Internet economy and trade secrets of character features of the times make the operation a large number of theoretical and practical issues should be students, such as computer source code, an online forum information is subject to trade secret law to protect Internet service providers in what circumstances constitute a commercial secret infringement, trade secret protection and a reasonable balance between public interest and competition under the Network Economy period of prohibition the scope of trade agreements, the effective application of the principle of inevitable network trade secret infringement case court of competent jurisdiction, validity of electronic evidence in a series of security related issues.The forth part, taking. into account the network economy breeding new problems, laws and regulations and make appropriate adjustments must be continuously improved to meet the new era of development. As China's Internet development relative to the U.S., Germany and other developed countries is relatively slow, so the legal protection measures are lagging behind. Therefore, this section is focused on multi-country trade secrets of the legal protection of the Internet age comparative analysis of the strategy and the introduction of a typical case, the legal protection and judicial relief, law enforcement on the issue of protection of the advanced multi-dimensional experience.The last part is to fully learn advanced concepts of legislation and judicial enforcement experience and solutions to address emerging issues on the basis of legal measures, combined with the market environment of China's social economic development of electronic technology and the Internet to establish a more comprehensive legal protection system, through the improvement of the network era of legal protection of trade secrets, and continuously promote the economic development of our society.
Keywords/Search Tags:Internet, Trade secret, Electronic, Tort, Prohibition
PDF Full Text Request
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