The Case Research On Construction Elements Of Trade Secret

Trade secret is the intangible property of the obligee as an intellectual property. Construction elements of trade secret as the core of trade secret research with an important significance for protecting trade secret. This thesis is divided into three parts.Part one is the brief introduction of construction elements of trade secret, including several academic arguments in China and relevant legal stipulation regarding to construction elements of trade secret in China, America, Japan, Korea, Taiwan and International Conventions.Part two analyzes the secrecy and confidentiality of trade secret. Mainly refers to the concept of secrecy, understanding of the relative secrecy and novelty. This part tries to prove whether novelty should be the element of trade secret from the case study research. In my opinion, novelty should not be an independent element of trade secret, and it can be included in secrecy. The dispute of confidentiality is about reasonable confidential measures.Part three analyzes the practical utility and commercial value of trade secret, which introduces the concept and feature of practical utility. And uses specific cases to answer the scholars'dispute about practical utility, interim achievements or negative trade secret also can be protected by law. For the commercial value of academic controversy refers to whether practical utility should be included in commercial value of trade secret, or should separate these two concepts. In my view, it is more reasonable that practical utility included in commercial value.