Legal Issues In Trade Secrets Protection

The Intellectual Property Rights have been a core among competitive businesses, and a symbol of a nation's prosperity home and abroad, and trade secrets–as a part of the Intellectual Property Rights–has been recognized by all countries and international organizations.But in China are lagged behind the legislation of trade secrets protection and theoretical researches, which has hindered the judicial practices.The author, as a lawyer and an agent for the cases of the infringement of trade secrets, having widely surveyed the relevant theoretical papers and typical cases, has a systematic study on the issues of the protection of trade secrets, and concludes the paper titled"Legal Issues in Trade Secrets Protection".This paper studies the issues in the following three approaches:First, by the law and civil law theories, the author points out the demerits of the present trade secrets theory and suggests a new point in the main constitution elements; Secondly, compared with the regulations of the prevailing law and jurisprudent theory of trade secrets, a breaking point is found out and a solution is offered; Thirdly, on the study of typical precedent, a suitable application in the legislative practices is found out. The author hopes that the above study can be of help to the legislative practices of trade secrets protection.This paper is divided in the following parts: the development of the legal trade secrets protection, main constitution elements, ways of trade secret infringement, burden of proof, legal responsibility for infringement performance and the principle of verification of typical cases.