Research On Perfecting The Local Protection Of Trade Secrets Law

In the days of knowledge economy, the development of economy leads to drastic competition. Kinds of market subjects take action to protect their technique and management information for getting superiority of competition for a long time. To some extent, the competition of market means the contest of trade secrets. As long as trade secrets are let out or stolen by others, the righter will loss a lot. Meanwhile the integration of the global economy fosters further open in our country. For protecting trade secrets, our country should approach the international precedent as soon as possible. So it is imperative to perfect local protection of trade secrets law.The research purpose of this paper is that through contrasting the foreign and local protection of trade secrets law, we find some problems in local protection of trade secrets law and furthermore, analyze these problems. Then the author begins to table a proposal on how to perfect the local protection of trade secrets'law.This paper's content can be set off into five parts.The first part is the introduction, which analyses the aim and purport of the protection of trade secrets law. Then, it summarizes the theory of local and foreign law. Last, it points out the research's methods and the innovation in this paper.The second part is that the conception of trade secrets and practical meaning in its protection. First, it analyses respectively the conception of trade secrets in foreign law, international organization's regulation and local law. After contrasting, the author points out the suggestion of perfecting local conception of trade secrets in law. Then this paper introduces the practical meaning in the protection of trade secrets law, which is also this paper's purpose.The third part is that how to perfect local protection of trade secrets in legislation's mode. First, from the whole and the idiographic angles, it introduces the main countries'legislation's mode of trade secrets. After contrasting with local legislation mode, the author makes choice, which has two steps and will be introduced in the next two parts.The forth part is that the referred existing laws have to be perfecting, which is the first step of perfecting the protection of trade secrets'law. It is mainly about how to perfect Law of the People's Republic of China for Countering Unfair Competition. And this is a low cost scheme, which can be fit for our country's development basically.The fifth part is that our country needs to institute Law of China for Protecting Trade Secrets, which are the second step as well as our final scheme. First, the paper analyses its necessity and legislation's principle. Then the author points out two idiographic suggestions, which are perfecting remedy rules of local trade secrets and importing Inevitable Disclosure Doctrine for perfecting not-to-compete rules.This paper's uses three ways of research, which are criterion theory research's way, history review research's way and compare research's way. The innovation of the paper is the discussion on punish amends, which the paper advise to pay when infringing trade secrets.