The System Of Trade Secret Protection In The United States And Its Reference Value For China

Trade secret is a product of economic development and market competition. In an era of knowledge and technology economy in which the allocation of knowledge and technology represents the pattern of wealth distribution, the protection of trade secret not only concerns vital interests of right owners of trade secret, but is also of strategic significance to national development, national strengths and promotion of international status. China's business secret protection started relatively late, though a system has already formed with Anti-Unfair Competition Law as its core; it lacks centrality and uniformity. Besides, the specific laws and regulations towards business secrets protection are still defective and its implementation is not very effective. Consequently such cases as infringing upon trade secrets are still often been seen. The problems on trade secret protection become increasingly serious. U. S. with a perfect business secret protection system, complete laws and regulations and supplementary measures, takes the lead in business secret protection field and sets an example for other countries. Thus, it is the urgent demand as well as general trend to draw experiences from U.S. business secret protection while combining specific national conditions of our country to perfect China's business secret protection system.The present thesis firstly gives an overview of the trade secret protection system in the world, including its origin, development and present state worldwide as well as different definitions and legislation mode of trade secret in different countries and the great significance of its protection. This part lays groundwork for the core content of the thesis. Secondly the present thesis elaborates on the concrete content of U.S. trade secret protection system, including its historical evolution, the definition of trade secret as well as its volatile area, constitutive requirements and violations as well as its confirmation and relief system and so forth. This part illustrates the reference value of U.S. trade secret protection system. Thirdly this thesis makes an objective analysis on the present state of China's business secret protection, pointing out the flaws in its definition, volatile area, the subject of right, subject of liability and violations as well as its confirmation and relief system and so forth. This part also points out a lack of complete system as well as awareness of the protection on trade secret among Chinese enterprises, thus indicating the urgency of perfecting the trade secret protection system. Finally the thesis will, by drawing experiences from U.S., provide proposals on perfecting the trade secret system in our country from the following three aspects: first, perfect the legislation system, from perfecting Anti-Unfair Competition Law to formulating specialized Trade Secret Act. Second, improve specific laws and regulations, including making explicit the definition and volatile area of trade secret, expanding its subject of right and subject of liability, improving the confirmation measures of tort and perfecting the law relief system of trade secret. Third, increase enterprises'awareness of trade secret protection, improve their security measures.