Benefit Balance In Trade Secret Protection

Since its birth, the intellectual property rights law is throughout pursuing a balance situation, analyze and balance the intellectual property rights between diverse interest subjects. The benefit balance situation is not only a standpoint the legislator distributes intellectual property rights in the legislative process, but also the foothold judicial organs solve the disputes.This article studies the trade secrets protection in our country by the macroscopic angle of view of benefit balance. The main clue is the conflicts and coordination in trade secrets protection, mainly focus on the benefits between public and private, the employer and employee, including benefits in international surroundings.The first chapter begins with the basic definitions on benefit and benefit balance, theoretical thinking on the contents of intellectual property protection and balance system. Because the benefit subjects are born to pursuit benefit, so conflicts between them are unavoidable. Balance the conflicts are necessary and law is the reasonable method to reach balance. IP law balances the relationship between intellectual property owner and the public; greatly promote the realization of social justice. The second chapter generally analyzes the benefit balance problem in trade secrets protection. Mainly including basic problem in trade secret protection area, observes its starting and developing, specialization and purposes in a benefit balance aspect.The third chapter mainly discusses the current situations at home and abroad, brings about the benefit balance problems our country confronted with, the public interests and the private interests and the challenges from international environment, emphases on the conflicts and coordination between employers and employees, at home and abroad.Based on the above analysis, the fourth chapter put forward several proposals on legal system perfection; propose some opinions on how to deal with the complex interest relations in intellectual property fields, elaborates internal and foreign proper standpoint from angles on legislation, jurisdiction, system construction, international relations in our country. Our country is a developing country, we should base on our economic foundation, and Formulates laws and regulations conforms to our country national conditions, to maintain market economy order internally and strive the benefit for developing countries outside.