On The Conflict And Coordination Between Consumers' Right To Know And Trade Secret

The consumer ’s right to know is the right of consumers to know the truesituation of goods and services they purchase and use. The trade secret rights in titleof this article refers only to the operators’ trade secret rights in this article, theoperator has control over the means of its trade secrets. In everyday life, these tworights often conflict, if both appear to conflict without coordination, the legitimateinterests of both parties on the subject of rights are likely to cause damage to theeconomic order will have a negative impact.Through literature and comparativeapproach, this conflict between two rights for analysis, aimed at both based onperformance and causes of conflict, seek to make both coordinated measures to betterprotect the interests of both the subject of rights.Firstly be analyzed from the perspective of the consumer’s right to know themeaning and nature of the operators’ trade secret rights, the nature of the formeridentified as both traditional civil rights and public interest nature of thecharacteristics of the nature of the latter recognized as an intellectual. Secondlyfollowed by analysis of the reasons for the general appearance of a conflict of rights,combined with the specific performance of the consumer’s right to know andoperators trade secret rights in conflict to analyze the reasons for this conflict betweentwo rights, the conclusion is both the cause of a conflict of interest, there are legalreasons for their characteristics, as well as our legal system is not sound reason.Finally, specific measures to coordinate the consumer’s right to know and the right totrade secrets operators, which first identified the two rights are embodied in theprotection of the public interest, and therefore has the possibility of coordination,coordination and analysis principles to be followed by two rights. On the basis ofthese principles, the right to explore the coordination of two specific measures, suchas reasonable definition of the purview of both the establishment of a public interestdefense rules to play on both the judiciary coordinating role and so on.