On The Protection Of Civil Law To The Trade Secret In China

This article plans, in the foundation carries on the overall analysis to trade secret, devotes in clarifying major problems disputed in our country in theory and the judicial practical realm to trade secret, like trade secret's extent of protection, the trade secret right infringement measure of indemnity and related competes with the trade secret industry forbids, in hope it could be help to consummates our country's trade secret rationale to the protection of civil law and establishes a set of perfect trade secret civil law protection system. This article is divided into four parts:Part I: The definition of trade secret. Have introduced definitions of trade secret and necessary conditions by which composed it in most countries in the world, and compared the trade secret with patent and analyzed the reason why oblige treat their technology information as trade secret or patent.Part II: Current situation of the protection of civil law to the trade secret in our country. Analyzed the various theory in our country about the protection of civil law to the trade secret at present, introduced the legislation relevance to protect the trade secret and its extent of protection and the standard how to ascertain the trade secret right infringement, legal liability, especially analyzed the deficiency to the trade secret of the civil law protection in our country at present.Part III: The international protects theory and legislation regulation in connection with civil law to the trade secret, introduced all kinds of theory in the world, and regulations to the trade secret protection in the world and Trips and civil relive in case the right infringement happens, Have introduced the regulation protection in involving in compete with the trade secret forbids to trade secret.Part IV: Suggestions on how to perfect the civil law protection to the trade secret. Have made sure that the trade secret belongs to the intellectual property rights, have expounded several necessary aspects should be focused with emphasis to the civil law protection of the trade secret, submitted suggestions and ideas that perfect civil law protection to the trade secret in our country.