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Legal Protection Of Trade Secret In Competition Trade

Posted on:2006-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y R SunFull Text:PDF
GTID:2166360155457075Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The competition is the most available measure to acquire and promise prosperity. In the most years, with the development of the science and the technology, networking and informative of the knowledge economic, the mobility of the science talents, the competition has turned to been the competition of intelligent, technology and information. The intelligent has become the corn of competition. The trade secrets because it's distinct private and the limitless economic value has been the aim of the enterprise competition, particular the competition among the enterprises in the same trade or have benefit confliction trades. So the protective measures and ranges of the trade secret have been widen.In our country, the trade secret has been protected by the law system only for 20 years. Through there have some law departments attended to protect the trade secret, there still lack a good law system to protect it. In our country, we can find many legal rules to protect the trade secret such as in The Prohibition Unfair Competition Law, in The Criminal Law, in The Civil Law ect. In fact, in our some law provide the legal protection for the trade secret is very faint. The legal protection usually produced from the basal principles or basal rules. All of them could not provide the clear definition about the trade secret right and at the same time the legal protection could not provide the effective relief measures. In reality, the law system to protect the trade secret always is ineffective because it's designed lacking. As newly join into WTO, our country facing the new difficult problem that we must do up to settle the difficult of the trade secret protection in the competitive trade.The article analyses and proves the law system to protect the trade secret in the competitive trade. In the first part, we analyses the definition of competitive trade and the history and the actuality of the protection the trade secret in the competitive trade. By the analyses from letter, economic and law, we draw the conclusion that the competitive trade means the competition among the same or have benefit confliction trades. We can learn that the tradesecret and competitive trade have closely relationship in the global integrating situation by our discussion. In the second part, we analyses the basal theory of trade secret. In the development of the basal theory, there had the Contract Theory, the Property Theory and the Confidential Relationship Theory. Now, many countries have accepted the theory of Property. Many people have accepted the trade secret as intelligent property. We analyses the system of the inhibition of competitive trade and we prove the system of the inhibition of competitive trade appropriate to society propriety. The system designed from the point of economic and society seasonable. At the point of economic, we can claim the system of the inhibition of competitive trade is accord with the Economic basement theory, it can less the waste of society property and benefit the society property more effective use. As the result the whole society property will add. At the point of society seasonable, we know seemly the system of the inhibition of competitive trade limit the free of labor so to protect the trade secret. In fact, in philosophy there is no absolute free right, so is to the free job right. And to all of the law system to protect the private wealth is the basement, so the law must to protect the trade secret. So we can reality the aim to enhance the science level and the prosperity of society. By the front analyses, we draw the conclusion that the prohibition of business strife is very important and effective, we should continue enhance the system. In the third part, we compare and analysis the foreign law system to protect the trade secret and the system of the inhibition of competitive trade, we sum up some foreign legislative experiences.Finally face the situation of the global integrating, we put forward our advices for perfect our conutry's legal system to protect the trade secret in competitive trade. By the front discuss, the writer think when we attended to learn progress experiences at first we must learn ourselves. Only know what are we need, we can learn something useful. Further we learn the experiences not only the outer embody system but also the inner meaning of the embody system. The first advice, we must pay more attention to the reality of our country when we learn the foreign advanced experiences so the new law...
Keywords/Search Tags:competitive trade, the trade secret, legal protection
PDF Full Text Request
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