The Protection Of Trade Secret And The Information Disclosure

Nowadays, in our state, the law about the protections of the trade secret scatters in anti-improper competition law, criminal law, contract law, labor law and foreign trade law, namely there is no a systematic and specific law to perform and adjust the protection of the trade secret. With the advent of the knowledge economy, the science and the technology progress at an unceasingly high speed, people pay lots of attention to use the form of the trade secret in order to protect some information particularity, except for in tradition intellectual property rights system.On the other hand, to satisfy the need of the public's right to know ,the mechanism of information disclosure is set up and improved gradually, As is known to all, the right to know is a new concept with the development of modern law. At the beginning, it acted as the principal to protect the freedom of the press, and involved in all fields of the daily life. So the connotation of the right to know changed dramatically. It became to one of the basis rights to any human being. The right to know manifests the persons'request on the information. The right safeguards the persons'interests of free except for the interests of the life and the fortune. That is to say, it makes the free to information come true. We can define the information disclosure as follow: according to the law, the body who is on duty to public the information discloses them initiatively to feed the public requests, The duty body of the right to know approximately can be divided into two big kinds: in the public law domain, the government administrative Organization; Another kind, in the civil law domain, the economical individual that masters the massive trade secret, including all kinds of Enterprises, the association and individual. This article emphasizes the conflict and its the solution for the duty boy in the private law domain to disclosure and protection of the trade secret.Obviously, the right of the trade secret is under in the private field, it request to keep the secret characteristic; on the contrary, information disclosure means to unveil the information to the public. Than is to say, The mutual contradictory between them displays the conflict of the two valves: the idea to public and the idea of security, which manifests, in essence, the contradiction between the public power of society -oriented and private right of individual-oriented, it is the content that the writer pay attention to carefully.This article has first outlined the basic concept of the trade and the right to know; and elaborated the conflict of the valve between them Then, according to the classification of the management trade secret and the technical trade secret, and introduced the coordination and the balance between the protection of trade secret and information disclosed. At last, the author, in view of our country business secret legislation, pointed out the deficiency. From the aspect of the information disclosed, the writer proposed certain feasible suggestions, then discussed in theory, in order to formulates the final Business secret law.