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Research On Trade Secrets Protection In International Financing

Posted on:2006-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y X QiuFull Text:PDF
GTID:2166360155964770Subject:International Law
Abstract/Summary:PDF Full Text Request
With the accession of WTO and the depth of Economic Reform, more and more Chinese enterprises including SOE, COE and Private enterprises wish to perform in the International market. However, due to the limit of financial resource, Chinese companies are forced to slow their development pace. Therefore, to seek more opportunities of international financing has become the hottest topic for Chinese companies.International Financing refers to the financing activities carried out among entities locates in different countries, usually with involvement of various financial institutions and service sectors. The main character of foreign-related factors, for example, the subjects, objects and the service provider come from overseas. According to different clarification standards, international financing has many forms. It could be defined as direct financing and indirect financing according to whether service institutions are involved. The direct financing could be stated into following: bonds, securities, funds, projects, mergers and acquisitions. Each form has its own characters.During the process of International Financing, parties involved consistently have the knowledge of other parties' trade secret. Thus, the infringement of trade secrets happens frequently. Individual country has its respective conception of trade secret. TRIPS refer it as undisclosed information. The Uniform Trade Secrets Act of America defines it as information, including a formula, patter, compilation, program, device, method, technique, or process. China has taken the ideas from developed countries to protect trade secrets. In our understanding, trade secrets means the technology and operation information undisclosed to the public, which is able to bring commercial value to the owner and which is practical. The trade secrets have their common essence as secrecy, uniqueness, valuableness, practicalness, timelessness. Trade Secrets compose mainly by technology and operation information. The legal essence of Trade Secrets is argued by property and intellectual property. The protection of trade secrets is very crucial in various international financing processes. Protection of trade secrets should ring a bell wherever any form of international financing.There is no international treaty specially tailored for trade secrets. People pay a attention to the protection of trade secret in the way they protect intellectual property or unfair competition. In China, laws offer protection rules for trade secrets include contract law, civil law, criminal law, anti-unfair competition and other related laws. Remediescould be located for protection of trade secrets are civil remedy, administrative remedy and criminal remedy. This article also introduces some method and policies companies could adopted to avoid the infringement of trade secrets.This article aims to enlighten the importance of the protection of trade secret, by which to assist Chinese enterprises to welcome more international cooperation and make good use of international finnce.
Keywords/Search Tags:International financing, Trade Secret, Legal Resource, Legal Remedy
PDF Full Text Request
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