Research Of Legal Protection Of Business Secret In China

Protection of business secret is important in international economic trade. Most countries in the world have joined WTO and shall comply with the minimum requirement for protection of business secret set out in TRIPS. However, the legislation of business secret protection varies in different countries due to the imbalance of interests. From comparative law's perspective, the author reviews the differences of legal protection of business secret in USA, Japan and China with TRIPS' background, and improves the legislation of business secret in China. The thesis includes four chapters.Chapter I Introduction of the definitions of business secret, terms, legislation and main theories. The author introduces the two definitions of business secret, several useful legal terms of business secret, legislation history of business secret protection in TRIPS, USA, Japan and China, and main theories of business secret protection. Business secret's nature of intellectual property has been admitted gradually.Chapter II comparatively analyzes elements of business secret and legislation of infringement of business secret. The author analyzes business secret in TRIPS, USA, Japan and China in three-element (non-public, valuable, secretly managed) method. As to legislation of infringement of business secret, the author divides into four parts: 1.obtaining business secret improperly; 2.disclosing or using the business secret obtained illegally; 3.disclosing or using business secret obtained legally; 4.infrigement by a third party.Chapter III comparatively analyzes civil redress measures of infringement of business secret. Theoretically and practically, the author analyzes legislation of secret hearing and onus probandi distribution in procedural law of TRIPS, USA, Japan and China, claim injunction redress (including instant infringement), to take over infringement instruments and destroy infringement products, damage compensation, to eliminate affects in substantial law.Chapter IV Introduction of the legislation defect of business secret in China compared to TRIPS. Firstly, introduce legislation status of business secret protection in China; Secondly, analyze the legal defect of business secret in China from nature of business secret, concept, elements, infringement activity and civil redress in procedural and substantial law; Finally, emphasize that business secret legislation shall pay attention to the relationship with other laws since it is the fourth intellectual property listed with patent right, trademark right and copyright. Meanwhile, assume the improvement of legal protection of business secret in China.