Legislative Perfection Of Legal Protection Of Trade Secrets In China

Commercial secret has a very high commercial value and provides operatorswith strong competitive advantage. Constituting a commercial secret must satisfycertain conditions, which can be monopoly used. As a special intellectual propertyright, the exclusive use of the commercial secrets incentive "Economic man" toinnovation and acquire high interests. Sometimes, this kind of exclusive use willconflict with public interests. This is the conflict between individual interests andpublic interests in the legal protection of business secrets. The public interest ismainly embodied in the public know, public security, national security, public healthand public welfare matters. Meanwhile they go for the commercial secret. On the onehand, competitors do not assume legal responsibility to through legal means to obtainthe same information as business secret. This is also reflected the monopoly userestrictions of trade secrets. The holder of the commercial secret misuse of tradesecrets monopoly behavior, on the other hand, will be punished. We protect the rightsof competitors in this way. This reflects the interest balance of the owner andcompetitors in the legal protection of business secrets. And then, the employee’s laborrights will be limited by the employer, if employees come into contact with thebusiness secret, in order to resolve the interest conflict of employers and employees inthe legal protection of business secrets. This paper to balance the above three groupsof conflict of interest.In this paper, I analyze the problems existing in the current commercial secretlaw in our country in the perspective of interests balance, and put forward InstitutionalSuggestions for Public interest legislation blank，imperfection of the competitor’sbenefit protection and imperfection of Non-compete system.