Study On Legal Protection Of Business Secrets

With the development of world science, technology and economic integration, intellectual property rights become more and more important in the international competition. As an intangible intellectual property right, business secret is an important way to win the competition.First part of the article introduced the domestic and foreign legal rules of business secrets and the author suggest defining the business secrets as: messages with practicality that not learned generally by person of the relative profession or domain, will bring the economic interests or competitive advantage for the owner, and be adopted reasonable security methods by the owner.The second part of the article introduced the rules of protection of business protection in existing laws ,mainly analyzed the deficiency of the protection of business secrets in existing law. The second part of this article mainly analyzed the deficiency of existing laws on business secrets protection in our country: the fuzzy stipulation of power attribute on business secrets in existing laws of our cuntry;the small scope of business secrets protection in existing laws of our country; the varies of the stipulation about the main body who undertake the responsibility in existing laws of our country;the lack of the stipulation of the legal procedure as well as the lack of strict and unified laws on business secrets protection in existing laws of our country.The third part of the article propose a series of suggestions to consummate the legal protection of business secrets in our country, such as enlarging the conception of business trades, formulating a special law of protecting business trades and enlarging its setting range, strengthening the rules of preserving business secrets and the civil relief as well as the criminal relief for the infringement of business trades.The last part of the article have analyzed the situation of the business secrets outflows in enterprises of our country and proposed some suggestions to strengthen the business secrets for the enterprises. We hope that the business secrets of our enterprises will be better protected and the enterprises will win the keen competition.