Research On Right Restriction Upon Trade-secret Right

Trade-secret, as an intangible asset with great economic value, has been increasingly the object of infringement and breach of contract. Therefore, it is a must to further the research on trade-secret protection in order to promote trade-secret protection legislation improvement.Nevertheless, no rights can be absolute. It is ascertained by law that right takes on two-fold forms: right protective regulation and right restrictive regulation. Trade-secret protection law, one branch of intellectual property right protection, is no exception. It should both protect and restrict trade-secret right.Restriction upon trade-secret right is based on guarantee of individual legitimate interest as well as social public interest. Actually, it is to achieve balance among monopolized interest, individual legitimate interest and social public one. Hence, it is said that the legislation process essentially"coordinates the behavior of interest subject and balances mutual interest."Trade-secret law can be viewed as the interest distribution, legal option and conformity among monopolized interest, individual legitimate interest and social public one.Restriction upon trade-secret right covers widely. It includes the following aspects, such as validity of exerting"Reverse Engineering,"acquirement of trade-secret in good faith, obligation of non-competition and compulsory license. So it is of great value to discuss restriction on trade-secret, which is beneficial for protecting the legal right of the third person, of the labors together with social public benefits. The research upon the trade-secret restriction sheds light on the improvement of trade-secret regulations both theoretically and practically.