There is no contradiction between the protection of trade secret right and the legal regulation on the abuse of the trade secret right. The trade secret right can bring actual or potential economic benefits and competitive advantages to the obligees. In order to maximize the benefits, the abuse of trade secret right is unavoidable. There are many forms of the abuse of trade secret right, and the basic one is the restrictive competition behavior by abusing trade secret right in the market. Many countries and regions attach importance to the antimonopoly law regulations on the abuse of trade secret right, whereas in China, the research in this aspect is comparatively deficient. Based on discussing the relationship between trade secret right and antimonopoly law, the paper analyzes the latest legislation in EU, Japan, USA and Taiwan province from the perspective of comparative law, and consider... |