On The Protection Of Civil Law To The Right Of Commercial Secret

With the development of economy, the Right of Commercial Secret (RCS) gains more and more attention gradually. Although every country has their own understanding on this issue, they all believe that RCS is one form of Intellectual Property, which is claimed in their own law and in the International Agreement. Owing to its specialty, which is the combination of natural owned right and legal allowed right, there is no common understanding on its related content within different countries and they give their own value evaluation on it based on their own legal system.Civil Law Legal System (CLLS) believes that RCS is the advantage in the marketing competition, to protect it is to make the people "Being Honest" in the competition, on the other hand, British and American Law Legal System (BALLS) believes that RCS is one kind of special property right, to protect it is to protect property right. So CLLS has developed Anti& Unfair Competition Law as its protection mode, at the same time, BALLS has developed Contract Law and Tort Law. However, there is a common foundation for both of them.The present paper will analyze the basis of protection mode and compares the RCS in the way of comparison and analysis. Although there are two kinds of protection mode, there is a common foundation for them, which are relief of Civil Law to property right. Now that, it can be found that protection of Civil Law is one basic way to protect RCS. And the present paper will also discuss its theoretic base and practical base of RCS and the protection of Civil Law. The purpose of the present paper is mainly to discuss the protection of Civil Law to RCS and to analyze its content as best as possible. However, it can only give some suggestions on the construction of protection system of Civil Law. In China, owing to the tradition, the Civil Law cannot function on the protection on the RCS. So another purpose of...