Research On The System Of Compulsory Licenses For Commercial Secret

Since the financial crisis erupted, the developed countries ,leading by the USA , strengthening the intellectual property war against China, and indiscriminate lawsuits of commercial secret is one of the important weapons. The compulsory license for patent may only be engaged in idle theorizing, where core technology protected as commercial secret. Abusing the right of commercial secret will endanger public security and bring the possibility of monopoly, causing the interests between the owner of commercial secret and the social public imbalance. As an intellectual property right, the system of commercial secret has highly consistent of the value with the whole system of intellectual property . Balancing of interests in intellectual property system takes up an extremely important status, for commercial secret, in its system also should be set up a special rules to realize the benefit balancing between the owner and the social public. However the research for this commercial secret is still in the initial stage, no uniform trade secrets act, and lack of deep theoretical research. To change the situation, this article puts forward a new idea to bold the compulsory licensing of commercial secret, as an important legal system of internal mechanism of interests balancing for commercial secret. This article mainly from four aspects to discuss the compulsory licensing for commercial secrets. First, starting from the theory of the system of compulsory license for commercial secrets, take the commercial secret as a kind of intellectual property rights, and discusses the differences between compulsory licensing for commercial secret and compulsory licensing for patent, the particularity for the former reflected in the system of the content and reason. Secondly, analyzing and comparing the USA, UK, India and the relevant international conventions on commercial secrets of the compulsory licensing provisions for constructing, commercial secret of the compulsory licensing is worth using for reference. Third, the reason or the necessary to build the system of commercial secret of the compulsory license for commercial secret, from four part such as the theory of forbidding the abuse of the right, benefit maximization of economic analysis, the theory of balancing of interests as the intellectual property value and the necessity of constructing the compulsory licensing for commercial secrets. Finally, this paper discusses the way to construct the compulsory licensing of commercial secrets, also the biggest innovation. The reason to apply compulsory license are limited in the state of emergency or very condition, or a monopoly of the commercial secret. In the compulsory licensing limits, from the program and economic compensation two part to ensure the interest of the right owner. In the commercial secret compulsory licensing and antitrust regulation coordination, the writer think should put the compulsory licensing in a priority stage.