Study On Legal Protection Of Commercial Secrets

With the rapid development of economic globalization, more and more people attach great importance to trade secret.Under market conditions,Right-holders through the input of a series of human, financial and material costs of the information obtained is aimed to expand the market share and maintain a competitive edge,trade secrets is actually a particular technology or business management,Once people grasp it,in particular the use of their access to others have little or no economic benefit,will be for long-term domination of this technology or business management,spontaneous production of security awareness,for long-term economic benefits of obtaining such exclusive.Protection of trade secrets is to safeguard the trading process in good faith,Therefore, their protection will inevitably produce a result of,However, in many people's traditional concept ,reference to intellectual property,they merely look beyond patents, trademarks, copyrights and other legal concepts,often do not pay attention to the protection of trade secrets,In a certain sense in terms of,Protect trade secrets,the potential value it produces may be far better than the value of the patent and trademark protectionAs an intangible asset,trade secrets able to bring considerable economic benefit to businesses,but also give enterprises a competitive advantage on the market in order to achieve greater space for development,because of this,violations have occurred,trade secrets often become the object of abuse.All of the trade secrets and violations of the right to abuse,are related to development of market economy,to maintain normal trading order, contrary to the requirements of the.Therefore, to speed up the development of China's market economy,A very important aspect of,is to effectively protect the right of trade secrets.In order to better prevent the infringement,protection of trade secrets rights of the legitimate interests of,the need to strengthen protection of commercial secrets .This article first outlines the business secret, is mainly from its connotation, the constitution important document, the scope and the legal attribute four aspects carries on the analysis, has the understanding overall by this to the business secret。Next carries on the business secret legal protection system and the related legal principle theory of law inspection, is mainly from the business secret protection legislation production and the development, the related legal principle theory of law foundation two angles analyzes, And about the related legal principle theory of law foundation elaboration mainly based on the protection right of privacy theory, the security contract theory, the abuse of authority theory, the property rights theory as well as counter-unfair competition theory these five dali discusses launches, From this based on this, further elaborates the enlightenment which obtains,Revolves the business secret once more infringement and the relief elaboration,Was mainly from the violation behavior, the abuse of authority, the business secret power is restricted the situation, the relief, the right infringement to guard against the multiple perspectives elaboration in anticipation; Finally proposes our country business secret legal regime perfect conception,Analyzes the present our country business secret legal protection the first condition and the existence question, then proposed that consummates our country business secret legal protection to legislate and to be related the coordinated sets of measures the rationalization proposal.