The Case On Trade Secret Infringement Of Hongqiao Travel In Shanghai

With the advent of the knowledge-based economy and continuous development of the world economic integration, the intellectual property is becoming more and more important in the international competition. At the mean time, the trade secret takes a very important position in the intellectual property. As is known to us all, the real or protential economy value of the trade secret will definitely bring its holders with tremendous economic interests and the advantages to compete with others. It is no exaggeration to say that the trade secret is not only the key fact for the enterprise to survive, but also the powerful weapon for the enterprises of our countery to beat other enterprises in the outside world in the knowledge economy era. For these reasons, the cases on the trade secret infringements increase year by year worldwide, especially in China, with certain enterprise trade secrets in their hands, some people easily become the target for other companies, which usually leads to the leakage of trade secret, or brings about the infringements inevitably. Because of this, more attentions needed to be paid on the protection and assurance of the trade secret by law.In this paper, after doing reaserch on the case of Shanghai Hongqiao travel infringes upon the trade secret of Shanghai Xinhua travel, it is found that more and more infringements on trade secret are brought up because of the movement of personnel. In many cases, it is very diffcult for the victim to list proof because of the specificity of the trade secret. At the same time, the imperfect of the legislation for trade secret and the controversy for the definition of the trade secret attribute in law lead to the victims'right beyond assurance. Given that job-hopping being the main reason for enterprises to leak their secrets, the internal systems of the enterprises to keep secrets being still imperfect, Non-compete Agreement being not well recived yet, facing the actulity for the protection for trade secret and urgency after China's entering WTO, three aspects are proposed to strengthen the measures for protecting the trade secret, including employee, enterprise, and country. Firstly, the employees should receive effective education to build up law consiousness, so that they can understand the important of keeping trade secret. What's more, the employees' honesty and loyalty towards their enterprises should be enhanced. Secondly, the enterprises themselves should form the secrecy consciousness, and the enterprises should classify their trade secrets separately so that improve the protection by supervising purposely. Thirdly, the state's importance should be highlighted in keeping trade secret. Our government should pay more attention on protecting the trade secret during the talents flow by orgnizing relative experts to definite the attribute of the trade secret so as to improve the orderless situation while definiting the trade secret, in addition, the "Low On Trade Secret Protection" shoule be published as quickly as possible.