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A Comparative Study Of Trade-Secret Legal Protection Of China & America

Posted on:2006-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:Z G ZhangFull Text:PDF
GTID:2166360155461952Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With knowledge economy arising and developing rapidly, trade secret protection, one of the most popular means of technology protection, is cherished by more and more corporations. Chinese corporations have come to realize the importance of the protection of trade secret in the process of marketrization. But, in practice, there exist a lot of troubles in trade secret protection. For example there are a number of trade secrets are let on which lead to serious economic damages to the corporations and our country. Fortunately our governments have realized the serious situation, so they have taken numerously effective methods to defend trade secret. However, the situation of protection is not as good as plan, because the trade secret protection both in theory and practice are not enough. So deep research is a most necessary issue for trade secret protection. It is an effective path that builds a trade secret protection system by using legislation experience of developed countries. America, one of the developed countries, runs the first in the world about trade secret protection. Both its practical theory and the methods are worth studying and using. At present, we think highly of civil-law countries' law civilization, especially Germany and Japan, while ignoring the civilization of common-law countries, which resulting to no abundant and systematic research results to American trade secret protection in nowdays articles and works. Under this situation, my paper researches the trade secret protection both in America and China by contrast and I hope it can do benefit to our country's trade secret protection legislation and judiciary.At first, the paper summarizes the legislation of trade secret protection, then, analyses the basic theory about the trade secret concept, inscape, and scope by contrast, and then, argues all kinds of theories of trade secret protection. In these theories, America takes the various advantages than China, because of American advanced market-oriental economy, which offer them abundant research materials and of their flexible judiciary system, which can make all kinds of theories into judiciary practice. Our country, mainly uses Japanese and Korea trade secret protection theory and practice for reference, which mainly stress on anti-unfair competition to solve trade secret invasion. Ignoring other theories research, lead to our country's trade secret protection methods of research dull, legislation system loose and the means of solution simple. The paper appeals for using various different theories to conduct practice, and then offers a complete web to protect trade secret. The forth part that...
Keywords/Search Tags:China & America, Trade Secret, Legal Protection, Comparative Research
PDF Full Text Request
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