On Custody Of Act System In Civil Action For Trade Secret

The economic value of the trade secret comes from the secret character of the information. That is to say, once the information is revealed to the public or somebody else, the information will lose its speciality and never can go for trade secret legally. Then whatever measures are too late. The crucial trade secret sometimes connects with the predominance in competition, so it is very important for obligee and active protect is necessary. Even if victim had appealed to the court, because of the long periond of hear for case, the infraction would hurt the behalf of obligee. In order to settle the problem, the essay suggests set up custody of act system and perfects litigation security system. The author adopts a comparing method, considers the practice in civil action, and finally proposes how to set up custody of act system. This essay is divided into 4 chapters.Chapter 1:The meaning of custody of act. The author introduces the conception, characteristic and temperament of custody of act, and illustrates that custody of act is a system of litigation security system.Chapter 2:The necessary of custody of act system. In this chapter the author enters on the lack of protect for trade secret, and discusses the necessary of custody of act system through analyzing the value of the system and the specialty of trade secret.Chapter 3:The introduction of correlation system in global angle of view. In order to using for reference, the author analyses Verfugung and Injunction applying for industrial property in Japan, Interlocutory Injunction applying for trade secret in America and temporary measures of TRIPS agreement.Finally, in chapter 4,the author makes a proposal of how to set up custody of act system. On base of above paragraphs, the chapter makes suggestions on legislation pattern, apply conditions, range and time limit.