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Analysis On The Property Of The Trade Secrets Of Client List

Posted on:2012-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:L X TangFull Text:PDF
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In our judicial practice, the commercial secret courts which the court accept are mainly concentrated on infringing client list, while the case infringing on technical secret rarely happens. the situation most happening is that employees use customer information gaining from the original inauguration and compete with former company,in which way damaging the business interests of former unit, and resulting commercial secret disputes on customer list .Recently the law of trade secret on client list is a hot issue of judicial practice. As a business secret,because of its own characteristics,the customer list becomes a more difficult kind of case on intellectual property litigation. The United States is in theoretical frontiers in the path of protecting commercial secrets ,moreover, the legal system is relatively advanced, especially in strengthening the protection on the law of trade secret about client list which has received widely recognized from the theoretical and practical circles. however, there still exists some differences in the commercial secrets for client list when determining standard judicial practice . The paper is based on the analysis of the recent situation of our client list and trade secret protection , by the law of American commercial secrets, stressing on legislation for commercial secrets , analizing the measures U.S.taking to protect customer list of commercial secrets , so as to provide China a reference and enlightenment for legislation and judicial practice .This paper includes six parts, totaling more than 20,000 words.Introduction of the main introduces starting point to write this article : in judicial practice,it exists different standards of the commercial secret to client list which is complex, while the United States in related aspects has deep theoretical research and practice, and thereby which can make a relevant reference.The first part is to analyze the recent standpoint on commercial secret about client list according to actual case studies in judicial practice , in order to lead discussing topics and define what standard on customer list of commercial secrets is ?The second part mainly summarizes the recent situation and development on protection of commercial secrets to the list of clients , and finding a deficiency in it, trying to provide a feasible suggestion by comparing method.The third part concludes standards which the USA apply when facing commercial secrets to the list of clients by introducing the American relevant case of citation, and the specific application of these standards in actual judicial practice in .Through comparing with the American approach the author has collected a lot of American classic cases in combination with the current judicial practice, trying to put forward the advice on standard of defining commercial secret about client list .
Keywords/Search Tags:trade secret, client list, constituents determination standards
PDF Full Text Request
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