Research On Right Restriction Upon Trade-secret

Like any rights, trade-secret right should also be necessarily restricted. The ultimate goal of restrictions on it is to better protect trade-secret right. As an independent intellectual property right, the legal characteristic of limitated nature make the right limitation of their own part. In this paper, the first chapter of " the purpose of restriction of trade-secret right " is the contents of the above exposition.Chapter II of this paper is the theoretical basis of the restriction on trade-secret right. There were three sections in this chapter in which the legal basis ,The legal goal as well as some economic theory of restricon of trade-secret right are discussed.The demarcation of restriction of trade-secret right is the main content of this third chapter. " Demarcation " is not only refers to the scope of restriction of trade-secret right ,but also the limitation to the " restrictions of trade-secret right "itself in a more important sense. The second, third and fourth sections of this chapter community were the argument of restriction of trade-secret right one by one, including restriction from other people's legitimate rights, labor rights and social and public interests.Chapterâ…£is divided into three sections focusing on the assessment of the relevant system and the practice on restriction of trade-secret right in the United States, Britain, Japan and other countries. At the end of each section, the author analyzed the features of their theory and practice respectively.Chapter V is the conclusions of the full text about how to perfect the system of right restriction of trade-secrets in China. This chapter revealed status of China's trade-secret right restriction and found the problems that exists, thus proposed reasonable measures to improve it.By summarizing, this article made the following results:1.The purpose of restricting the trade-secret right . Restrictions on the trade-secret right is determined by the characteristics of its legal rights . In this exposition, the author has the trade-secret right has exercising limitation nature ,and believe restrictions on the trade-secret right is the inherent requirement of the right itself ,and that the fundamental purpose of restriction is for better protection and realization of their rights.2. The theoretical basis for the right restriction of trade-secret. In this article ,when discussing the theoretical basis for right restriction ,the author analyzed not only from the right-not-to-abuse theory and justice-fair value ,but also judged from the economic point of view,the most optimal allocation of resources, thus enriching the perspecting the research methods.3. The basic principle of the right restriction and its demarcation. This paper proposes the three principles which the right restriction should followed ,as well as its three demarcations. "Limits from the provisions of law" principle and the " demarcation " concept add more emphasis on the author's advocation,that is restrictions on the trade-secret rights must be clearly defined and should not be confused with the legal rights of people to exercise their rights as normal.4. The system of trade-secret right restrictin in China and foreign countries. This paper not only introduced the relevant provisions of main countries, but also analyzed the characteristics of their theoretical and practical results which we might learn from them. The author also comprehensively analyzed the state of legislation about trade-secret right restriction in China , and sort out its problems.5. The perfection of China's trade-secret right restriction system. In this article, the final part suggested some targeted measures of perfecting the system of trade-secret right restriction. The most significant suggestion is that China should be developed " trade-secret right protection law" including in the content of restrictions on trade-secret right as a part. Meanwhile, the author suggest that at the same time, China should improve the system of trade-secret right restriction by some related supporting laws and regulations,for example, to clearly regulate the "job prohibition" clause in the future "Labor Contract Law" .