Protection And Research Of Trade Secrets Laws

Property-based knowledge in the knowledge-based economy constitutes is the most important production factor and wealth of resources, the competition of intellectual property will become the main competitive means of enterprise in the future. Therefore, the creation, management of intellectual property, in particular the protection of trade secrets gradually becomes the focus of economic strategy in the world today, and gives multiple meanings. Chinese enterprises participate in international market competition, the process of building an innovation-oriented enterprises protection is also facing important challenges in the trade secrets, however, as the main carrier of intellectual property, our state-owned enterprises is in a relative backward position of the intellectual property protection, in particular, self-protection and prevention of trade secrets are less aware by the state-owned enterprises, especially the older, slower restructuring of enterprises, trapped in their own system, personnel structure, corporate culture and many other constraints, the knowledge of trade secrets are obviously lagging behind the needs of building a society under the rule of law, and behind the development process of the market economy. How state-owned enterprises can adapt to international and domestic situation, understand on their own shortcomings, standardized operation and management of their own behavior, improve the management measures for the full use of the existing legal environment, reduce trade secrets infringement caused due to the risk of achieving trade secrets effective legal protection, all these will be studied and explored in this paper.The first part of the paper introduces the origin and development of trade secrets, which set out the basic connotation of trade secrets. The root causes of trade secrets is a commodity economy under the conditions of the increasingly fierce market competition, in order to obtain more economic benefits than others, operators often have to monopolize a given technology, business management, or control something different from the others. Trade secrets are developed with the development of commodity economy gradually, its embryonic stage is the early slave and feudal society, at that time, trade secrets are not fully traded as a commodity, but as a mean of livelihood. The development stage is in the middle and late feudal society, and more specifically is that in the early capitalist, trade secrets have a rapid development, and become a commodity, circulate into the community and access to development. In modern and contemporary society, trade secrets become the direct power to great wealth in various presentation formats, this is the growth stage of trade secrets. And because of its great benefits, trade secretes become a violation, theft of objects, and need more legal protection. Therefore, series of laws, precedents are pointed to the protection of trade secrets, and regulated in the patent system.Although the term of trade secrets is widely recognized internationally, but has not yet formed a unified definition. Its development is with the factors of in-depth understanding, large area protection, etc. and deepens its substance gradually. Because of the differences of protection means, intensity and form of trade secrets, the concept is also different, synthesis in the theory and the study of Chinese legal circles, trade secret definition can be: not known to the public, with actual or potential economic value, and by their owners to take reasonable security measures of undisclosed information. Its legal characteristics can be divided into: confidentiality, value, confidentiality measures, the feature of Chinese trade secrets laws is different from the case country and the international treaties, legislation requires that trade secrets must be practical, however, the practical position should be behind the value, at the same time it worth exploring that if it should become the legal characteristics of trade secrets.The second part of this paper describes the history and comparison of the law of trade secrets protection, as well as the status of our trade secrets and the legislative measures. Natural state of trade secrets protection mainly refers to the protection system before the birth of the patent protection system. The next is the traditional trade secrets protection after the patent protection system is established and before the network technologies are used, the modern trade secrets refer to the stage that network technology is used. We can see that the development of trade secret protection is along with the development of commodity economy, it has the characteristics of the times, especially the appearance of the secrets that has high-tech content like the new technologies, new products, etc. and the secrets that bring huge economic benefits, directly contributes to the development of trade secret protection, expands its scope, increases its substance. From a legislative and practical point of view, the protection of trade secrets all over the world includes the following: First, represented by the British, the trust violations based protection; Second, represented by the United States, some extent recognized in the trade secret property nature protection; Third, in most countries, including China, the protection based on the violation of business ethics and the damage of the rule of competition. Along with the rapid development of the establishment of socialist market economy, Chinese trade secrets protection system developed very rapidly. Protection of trade secrets gained enough attention. However, there are still a lot of problems, therefore, trade secrets should be based on the characteristics of the actual situation in our country to establish practical mechanisms of protection, we must first seek a breakthrough in professional legislation, make trade secret protection laws, and establish the corresponding legal system. The same time, legislation should pay attention to the operability of the law, avoid the embarrassing situation of cross-management and unattended and clearly define the responsibilities.The third part aimed at the trade secrets infringement and relief channels, as more and more companies and organizations participate in international economic and technological exchanges, mutual investment is also growing, sensitivity people move disorderedly, etc. all these factors make security environment more and more complex, and the leak channels increased. At the same time, trade secrets are involved in more and more areas, so it is easy to be violated, and the responsibility of proof is important, studying in the detail types of infringement has a positive effect in strengthening the protection of trade secrets. The author summed up the cases in practice, against the corporate trade secrets embodied in the following ways: 1, staff leak; 2, the counterparty infringement in transaction; 3, trade secret rights holders infringement; 4, get by commercial (competitive) intelligence personnel or industrial (commercial) industry spies. In addition, enterprises in the foreign economic exchanges may also disclose trade secrets, the author works in the largest oil company in China for many years, as a national large state-owned enterprises, a pillar industry of national economy, our company has undergone restructuring from the national ministries to the enterprise, and then a listed company, during this period we face the changes from a planned economy to a market economy, from the domestic market to international market, our progress and development costs are enormous. It becomes common that we are infringed by other domestic enterprises, for our company, especially large state-owned enterprises such as ours, the protection of trade secrets is an urgent imperative event. At present, the remedies in use are: 1, administrative relief, but the current administration's relief has problems of long law enforcement, law enforcement inefficiency and administrative intervention outstanding issues. 2, judicial relief, from the current law point of view, the judicial remedies also include: civil law remedies, criminal law remedies, arbitration and other relief methods, in addition, the inevitable principle of disclosure is also a way of relief in advance.The fourth section sets out the author on improving the legal protection of corporate trade secrets, giving several suggestions from the external legal environment and internal mechanisms. Trade secrets violations of the legal relationships involved in more complex and significant harm, in the increasingly competitive market today, the protection of trade secrets is to protect the rights of the legitimate obligees. Developed countries in marketing economy, based on their experience in dealing with trade secrets, take the basic approach by a special legislation. So that they can make more detailed, unified, comprehensive provisions on the specific content, scope and protection of trade secrets, and benefit the government to have executive standards, a better understanding of citizens and businesses and protection of trade secrets, and benefit a judge to have a clear case of law. Special legislation can also interpret the new situation in the judicial practice, provide the necessary legal basis, and address the embarrassing situation when application of the law is explicit, improve the accuracy of hearing cases of violations of trade secrets litigation. Secondly, it can improve the Law for Countering Unfair Competition and other relevant laws and content.On the other hand against the inside of enterprises, especially the operating system of large and medium state-owned enterprises, the protection of trade secrets should be enhanced from the enterprise system, personnel, business ideas, business processes, etc. and from both the internal and external defense, it exists in all aspects of business, exists in all aspects of enterprise production and marketing, its unique characteristics determine that if the owner of enterprises want to take advantage in the fierce competition, they must actively take the appropriate measures to prevent the loss of trade secrets. Only in this way, enterprises can be long-term use of trade secrets for their own economic benefits and competitive advantage, seize the initiative in the market smokeless war and win the prosperity and development of enterprises, and be self-invincible! If the measures to protect trade secrets in this paper is feasible, it depends on the intensity of the rule of law, legislative speed, the angle of corporate self-protection and other factors, also needs the enterprises consider from their own perspective of the situation, according to firm size, industry characteristics, personnel composition and so on, refer to outstanding business success abroad, choose their own ways and means to protect their own trade secrets, then they can be in an invincible position in the market competition.