The Research Of Civil Law Protection In Industrial Commercial Secret

The protection of intellectual property in China is forward to a new situation step by step along with the further development of economic reform in China and the gradual completion of the legal system of intellectual property after China enters into WTO. Commercial secret is one of intellectual property that exists in industrial and commercial enterprises which plays a leading role in performance and development in the field of market economy and they may have may have no patent, no copyright, what's more, some small enterprises even have no trademarks. But every enterprise has its own special features on technology and management. However, these special features sometimes becomes commercial secret. Therefore, we can't ignore the protection of commercial secret.In recent years, the writer has engaged in legal affairs in the enterprise, organized and carried out concrete work in it about protections of commercial secret of cables produced by the enterprise and he has some ideas about the legal issues existed in the protections of enterprise commercial secret through his experiences in specific litigation of disputes between confidentiality and competition restrictions.The paper starts with intellectual property protection, encourage people to be creative and inventive, maintain business ethic and competition order. Expound the theory fundamental of low protection in commercial secret and analyzes the concept, the elements and the scope. Thereby, give a definition to what is commercial secret, and analyzes the character of commercial secret and the advantages when enterprise takes law protection in commercial secret. After that, the writer analyzes the main problems exist in protections of commercial secret from confidentiality agreements and competition restrictions. In the end, analyzes the violations identification of commercial secret, responsibilities of the proof in lawsuits and civil compensation.