On The Protection Of Trade Secret In The Civil Law

The civil protection of trade secret is of great significance to the maitainance of the market competition order, the encouragement of scientific exploitation and the protection of trade secret owners. The present civil protection of trade secret in China has left much to be desired. This falls behind the level of some advanced countries on a large scale and cannot meet the urgent need in the information era, and it needs improving immediately. In this dissertation, the author defines the term "trade secret" based on the analysis of its important documents first, and points out that it should fall into the subject matters of the intellectual property right. Then he dissertates the practical and theoretical fundamentals for civil protection of trade secret. Then he points out that compared with some advanced countries of the world, there are various drawbacks in the trade secret protection of China. In order that the conditions can be improved, we must deepen our research and improve legislative skills. At last the author conceived of how to enhance the civil protection of trade secret in China. Firstly, trade secret should be protected in civil law under such tenets: to maintain the order of competition in the socialism market, to promote the progress of scientific technology and to protect the legal titles of trade secret owners; Secondly, the civic protection of trade secret should in the form of unified Trade Secret Protection Law. Thirdly, the author makes some initial discussions about how to lay down the rules of the trade secret right, the imputation of the tort, injunctions as well as the grade and sphere of damages. Lastly, he puts forward some solutions to dealing with the protential conflicts between Trade Secret Protection Law and other regulations regarding the civil protection of trade secret. The author also hopes that by this dissertation he can provide some meaningful advice to both theoretical research and the future legislation in the field of civil protection of trade secret.