The Definition Of Trade Secret By Studying The Domestic Cases

In the modern society of booming economy and technology, the significances and values of trade secret have become increasingly important. Owning to its special properties, trade secret would lose values once being publicized, and the loss caused would be inestimable and irreversible. Therefore, the protection of trade secret is becoming especially important. In order to protect trade secret effectively, the first thing to solve is to define it validly. This is not only the precondition for protecting trade secret, but also the criterion of judging tort.The first part of this thesis makes analysis of the law protection system for trade secret in China, its existing problems and its influence on judicial trials, and then puts forward the solutions accordingly. The second part discusses the definition of the scope of trade secret and its existing problems. Moreover, it explores the exceptional cases of trade secret protection -- reverse engineering. Next, the third part of the thesis compares and analyses various kinds of domestic theories, gives the theoretical definition of trade secret and proposes the writer's assumptions as to the perfection of trade secret judgment theory. Finally, the last part of the thesis investigates the definition of trade secret in judicial practice by studying the domestic cases.