Research On Perfecting The Local Protection Of Trade Secrets Law For The Company

This paper, starting with the basic theory of trade secrets, make an analysis of the legal concept,nature,characteristics of trade secret right and the protection scope of the trade secret. And also make the legal basis analysis of the commercial secret protection. Because of there is no unified international legal definition of trade secrets, and the range of trade secrets were also on the growing trend in practice and legislate, as a result, in order to express the four critical aspects of commercial secrets, the confidentiality,value,practicality and confidentiality must be handled. Then the article discuss the legal protection status of China enterprises commercial secrets, and make an assessment of our commercial secrets related regulations, from the view of Civil and Commercial law,Economic law,Criminal and Labor law perspectives, While, on the basis of significance of join the of International commercial secrets protection convention discussion, for the Chinese enterprises, this article analysis the existing laws, in which contains trade secret protection law and its problems. And on the basis of study the international organizations and major developed countries in which their sophisticated legislative of trade secret protection law or practical experience of legislation, aiming at the existing defect of special commercial secrets protection law deficiency,legislative lack of distribution,scattered structure and too generalized contents,the principle part of the Civil Liability which violates the commercial secret was too narrow,legislation made too much emphasis on the compensation nature of the damnification, but does not take into account the importance of punitive damages,can not deal with the network environment problems, and so on. At the end of this passage, the author gives propositions to improve the legal protection of corporate trade secrets that deduce from the legislative and judicial aspects of the four aspects. In other words, it is to enact special , to ensure the integrity of the trade secret protection law system,to improve the trade secret protection law in network related environment,to build effective judicial protection system up.