Research On The Legal Protection Of Trade Secret

Trade secret is a hot topic in the field of the market in China. Our country has laws to protect trade secrets as perfecting the socialist legal system. The protection of trade law is not only to protect the legitimate rights of trade secrets, it's also essential for maintaining business ethics and fair competition in the market order. This is the legal protection of trade secrets of the most fundamental purposes. At present, China has initially established a system of the protection of commercial secrets, the definition of trade secrets, conditions, the scope of tort liability and protection methods have been basically made in the relevant laws and regulations and judicial interpretations. However, as China's protection of trade secrets legislation relatively late, there are still some loopholes and contradictions in practice and many of the problems encountered. Therefore, strengthening the trade secrets law exploration and study is of great theoretical and practical significance.The purpose of the study is trying to advise legislative proposals on the basis of combining legal and practical perspective, learning from the United States and other developed countries in the protection of trade secrets and system theory. The author analyze the connotation and extension of the trade secrets and propose some trade secret systems. The paper contains six parts.In chapter one: The author studied the purpose of Legal protection of trade secrets and the legislative basis. To the superiority of property rights theory, the trade secrets protection should be included in the protection of intellectual property rights system.In chapter two: The author studied the meaning and constitution elements of trade secrets combining the national and foreign legislation and judicial practice.In chapter three: The author studied the infringe behavior, and focus on the behavior which propose is to improve the follow-up secret tort.In chapter four: On the flow of talents, some trade secrets were lost by the works, so building a reasonable system of non-compete is crucial.In chapter five: Studying the trade secret infringement relief problems, to give some specific suggestions. The purpose is to improve our trade secrets relief systems.