Researches On The Limitation Of Trade Secret Right

The rising of the knowledge economy and development of economic globalization makes the trade secret become the focus of market competition."TRIPS(Agreement on Trade-Related Aspects of Intellectual Property Rights) "which signed by World Trade Organization,has brought the right of trade secret up to an unprecedented height.And trade secret with patents,copyrights and trademarks become four major pillars of the intellectual property right in modern society.The system of limitation on trade secret right is founded under the trend of protecting trade secret rights devilishly with legislation and judicial practice in many countries.And its purpose is to understand the right of trade secret and its nature completely and thoroughly, supervise trade secret owners enforcing it rationally and appropriately,so that protect trade secret right much better.At present,the domestic academic also lacks the deeply and systematically research on its connotation,the range and theoretical basis.There is still no valid regulation on trade secret rights in current legislation.Starting with dissecting intellectual property right attributes and legal characteristic of the right of trade secret,this essay analyzes the necessity and rationality of restriction on the right of trade secret,according to the general principles of legal economics and balanced theory of interests of the trade secret law. Based on this,through the examinations on examples of the limitation of trade secret protections and trade secret rights in developed countries,such as America and Japan, with the method of comparative jurisprudence,it has designed a concrete system about the restriction on the right of trade secret from others' parallel rights,work and freedom of choosing jobs laying limitation on trade secret right and limitation on it from social public interests.Regarding this,through the combing of current rights limitation system about the protection of trade secret and right of the trade secret in our country,it finds the existing problems and defects in our present legislation.By using domestic and external advanced legislative experience for reference,it has put forward some measures and suggestions on how to improve trade secret protection and restriction on right of trade secret:Establish " Trade Secret Protect Law",and construct intact and scientific legal protection system to protect trade secret as soon as possible;Make some administrative regulations and local regulations before " Trade Secret Protect Law " issued or make corresponding judicial explanation by the Supreme People's Court according to the need for practicing in administration of justice to perfect the interests protection system about the third party acting in good faith while the trade secret is infringed;Strengthen judicial explanations and department rules establishment to remedy the defect which " Work Contract Law " itself stores in,and to fatherly improve the competing limitation system in our country.