An Article On The Legal Protection Of The Business Secret Of Our Country

In view of irreplaceable function and value in the business activities of the business secret, the legal protection system of the business secret has already been regarded as one of four major basic pillars of the modern intellectual property rights system,how to give the business secret a reasonable effective protection becomes generally concerned problems in world. Our country has established the relevant rules to the legal protection of the business secret in the 1993 " law against competition by inappropriate means ", but face the fierce commercial competition and he complex business secret use behavior, the current regulations have no-man's-land on some legal rules. So, the necessary legal protection system to the business secret of our country is carried on completely, enable it to really get up the purpose to safeguard the socialist market economy order, ensure the competition mechanism of the market and protect business secret obligee's interests effectively.This article launches the elaboration from four parts:Part one is a summary of the business secret. This part carried on the discussion to the meaning of the business secret from different angles such as the national legislative style of Great Britain and America's legal system, the national legislative style of the continent law, relevant international organizations legislative style, the international convention legislative style, our country's legislative style and so on; Using the comparison method proved that the legal properties of business secre is one kind of property rights; Probe into four stages of evolution of the legal protection of business secret of our country.Part two have analyzed in infringing the business secret behavior. This part defines infringing business secret behavior from subject of encroaching on, responsibility principle, encroach on target and infringe shape four aspects ;To analyze the behavior expression form of obtaining others' business secret illegally, revealing others' business secret illegally, using others' commerce and violating the competing industry prohibition agreement and so on four kinds of secrets infrigement business secret behavior; The behavioral one is civil, the administration and criminal legal liability have carried on the discussion to infringing the business secret. Part three have investigated on the current situation of the legal protection system of the business secret. This part proceeds from relevant international treaties, describe the current situation of the international legal protection of the business secret; Carry on the discussion to the current situation of the business secret legal protections of main countries such as Britain and America's legal system county and continental law system country and so no.Proceeding from relevant laws such as the law against competition by inappropriate means, labour law, criminal law will analyze the current situation of the legal protection of the business secret to our country.Part four have put forward the idea of improving the commercial privacy protection legislation of our country. This part proposes that should choose the legislative mode taking law against competition by inappropriate means as subject by commercial privacy protection legislation mode of our country; It should be from defining the concept of the business secret clearly, widening respects such as the protection domain of the business secret,etc. to legislate to our country " law against competition by inappropriate means "; And it should carry on our country's relevant related laws completely from civil procedure, labour law and criminal law.