Research On The Protection Of Trade Secrets Through Anti-Unfair Competition Law

As one kind of intellectual property rights, trade secrets holds great commercial value in the increasingly fierce market competition. Since legitimate competition and unfair competition have always co-exist in the operation of market economy. Once the trade secrets was disclosure to others or by theft, it will cause incalculable damage to the righter. So giving adequate and effective protection to trade secrets in terms of law is an issue very concerned by trade secrets holders. In view of many advantages Anti-Unfair Competition Law can give trade secrets. Moreover, at present, most countries including China recognize Anti-Unfair Competition Law to protect trade secrets, so it is of great significance to conduct in-depth study on the protection of trade secrets through Anti-Unfair Competition Law.In order to research on the protection of trade secrets through Anti-Unfair Competition Law, it should clear the trade secrets in the market competition, including: the definition of trade secrets, the features of trade secrets, the legal attributes of trade secrets, the value of trade secrets in the market competition, the characteristics of infringement behavior, the harmfulness of infringement behavior and also the trends of infringement behavior. More important, it should prominent the value of the protection of trade secrets through Anti-Unfair Competition Law. Using the comparative analysis research method, also broadening the research range, by analysis the protection of trade secrets through Anti-Unfair Competition Law and the protection of trade secrets through Intellectual Property Law,Contract Law from the view of theory &value, it highlights the unique superiority and the practical meaning of the protection of trade secrets through Anti-Unfair Competition Law. This part is also the innovation of the paper.The protection of trade secrets through Chinese Anti-Unfair Competition Law started later. It is gradually reforming and improving. The paper introduces the overview of about the protection of trade secrets through Anti-Unfair Competition Law in developed countries and areas with the history review research methods. After that, it points out some methods worthy of references by our country. Then, it describes the basic framework of the protection of trade secrets through Chinese Anti-Unfair Competition Law by analyzing some relevant provisions in the first judicial interpretation of Chinese Anti-Unfair Competition Law. Moreover, it raises the limitation of the protection of trade secrets through Chinese Anti-Unfair Competition Law and points out what our country should improve comparing with developed countries and areas, also international organizations. Last, it emphatically proposes the specific measures which should be taken in the perfecting Chinese Anti-Unfair Competition Law.Overall, regulating and protecting trade secrets through Anti-Unfair Competition Law keeps pace with the development of the world and our national conditions, it is also valuable and feasible, and proved to be constructive and significant in improving our legislative level of protecting trade secrets.