Analysis Of Trade Secret Protection Problems In Private Enterprises-as An Example Of "Huke Case"

Trade secret is the information with practicality not known by the public, can bring economic benefits to the obligee. And the obligee take security measures to the information. With China become a WTO member and global economic integration,enterprises pay more attention to intellectual property. The awareness of the protection of trade secret is also on the rise .Enterprises have trade secret which others didn't have, can have a competitive advantage .Not only can obtain high economic profits,but also in the fierce competition market stand undefeated .While the disclosure of trade secret especially for a high-tech enterprises ,sometimes led to bankruptcy.In the development process of the socialist market economy, private enterprises play an important role. The protection of trade secret for China's private enterprises bigger and stronger also is a key issue. Private enterprise is to achieve greater development experienced ups and downs. Due to legal environment, social environment, enterprise strength enterprise awareness, enterprise welfare and so on ,to protect trade secret have many problems. Due to limited space this paper only analyzes the problem of protection of trade secret in "huke case", and put forward some suggestions. In this paper, started around the "Huke case", the case involves the private high-tech leading enterprise Huawei Inc. This enterprise practices for the protection of trade secret in the private enterprises is a very good leader. The Huke case involved the crime of violation of trade secret. A main application of the crime constitutes theory in the case legal analysis. In this paper, based on the "Huke case", through the legal analysis, derived the problem of private enterprises in the protection of trade secret in this case. Then with some relevant theoretical analysis and put forward some suggestions.The article is divided into three parts. The first part mainly on introduces the "Huke case" and the legal analysis, by analyzing the case to extract the problem of trade secret protection in private enterprises. Second part analyze the problem of trade secret protection in private enterprises extract from the case. The problem is divided into the legal system, the right relieves, precautions three aspects. Analyze the problems with law and customary practice. Third part is divided the above-mentioned specific problems into two aspects of the legal system and private enterprise's own protective mechanisms. Then make some targeted suggestions to trade secret protection of private enterprises.