The Regulation Of Antitrust Law On The Abuse Of Trade Secret Rights

With the development of the economic, trade secret had become an effective way to protect the intellectual property for enterprises because of the advantages of the trade secret itself. But, we must see, the trade secret as an intellectual property not only takes competitive advantages for enterprises, but also is abused by trade secret holder to harm the rights of the labor and competitors. And because the abuse of trade secret rights in general is more subtle, even if the rights of the transferee has been compromised due to abuse of the right, it is also difficult to find, together with the transferee may be bite his tongue for the following technical or other considerations, in this sense, the regulatory system of the abuse of trade secret rights is very important. But, seeing from our legislative, the regulation of it is less. In recent years, a good many of literatures and researches all paid close attention to the abuse of patents or did research on intellectual property as a whole. There is little research on the abuse of trade secret rights. The U.S., EU, Japan and other countries, after years of development and accumulated experience, all have their own implementation of the Antitrust law, there are so many experiences that we could learn. The writer collect abundant materials and separate the abuse of trade secret rights from the abuse of intellectual property, moreover, to analyse and do researches at the point of antitrust with the hope that can afford a framework and thought for the regulation of antitrust law on the abuse of the trade secret rights.In light of abusing rights and the Intellectual property nature of trade secret, combining the other countries and regions' legislations and practice experiences, the writer define the conception of abusing business secret in the antitrust sense; Aimed at the characteristics of business secret, the writer bring forward the characteristics of abusing trade secret, and introduce some kinds of anti-competitive practice. On this basis, Then, it details the basic theory that is regulated from the angle of antitrust law, including the choice of model, the acknowledgement of an valid trade secret, the defilement of the relevant market, the assessment of marketing share and the competitive relation, the comparison of positive-negative effects, the usage of exemption. The purpose is to present a system designing. Finally, the writer analyse the legislation of our country on the restriction of the abuse of trade sec ret rights, point out the shortcoming and afford some suggestions.