By Trade Secret Obligatory License And Disclosure

Along with knowledge economy's starting with the rapid development, the trade secret protection was known very well gradually by the people that and receives enterprise's favor more and more.The futures economy competition will become the information and talented person's competition day by day.Has included the technical information and the management information trade secret, not only may bring the huge economic interest for the competition main body, has the possibility to become competes the main body to form the competitive advantage in its competition domain the important condition.The trade secret protection's legislation also obtained the rapid development under this kind of situation.But, we must see that the trade secret protection's development has also brought many conflicts of interest to the society, like with the public interest, the worker, other competitors and so on has certain conflicts of interest, sometimes the trade secret even stands in the social development opposite, has hindered the social advance footsteps.This causes the legislator to realize, must give certain limit to the trade secret power.The comprehensive survey present the law which limits to the trade secret power, mainly manifests to the worker and in other competitor's protection, but regarding trade secret restriction public interest time, how to protect the public interest actually not to form the comparison formation effectively the method.This article plans in the inspection trade secret basic concept situation, profits from the patent compulsory license and the administration takes over for use the system, proposed that under the special condition, gives the possibility which to the trade secret the obligatory license and disclosed.