On The Perfection Of Legislation Of Trade Secrets Protection In China

With the development of economic globalization and domestic market economy, tradesecret is playing an increasingly important role in market competition both at home andabroad.As a kind of intangible property,trade secret has immeasurable potential or realvalue.At present,trade secret infringement phenomenon in our country is becoming more andmore serious,the right subject suffers losses is also immeasurable.For an enterprise, businesssecret just like his throat,once revealed,it is easy choked by others,and the enterprise willhave the danger of died.However, at present there is no specifically law to protect tradesecrets in our country,some clauses scattered those as the center of <Anti-unfair competitionlaw>and as the backbone of other laws,the content is distributed anduncomprehensive.These are not conducive to sufficient and comprehensive protection oftrade secret. The legal system of protecting commercial secrets in our country is not perfect,it should be further improved.This article analysis of the concept of trade secrets,the components of trade secret and thenature of trade secret rights,then clear about the unique characteristics of trade secrets.Onthe basis of these,I analyzed problems of trade secret legislation in our country,andexplored to formulate a unitive <Trade Secret Protection law>. And I give suggestions andideas to it’s main content.There are three parts in this article besides the preface:The first part mainly elaborated the basic problems of trade secrets,Including the concept,scope and constitutive requirements of trade secrets.The nature of trade secret rights andrestrictions of trade secret rights are also included.By studying the basic problems of tradesecret,to lay the foundation of latter research.The second part mainly expounded the legislation situation and existing problems of thetrade secret protection in our country.After overview the current situation of trade secretprotection legislation,I analyze the problems existing in the current legislation,Mainlyincludes the dispersed Legislation,the fuzzy Concept,the unreasonable constitutiverequirements,the unclear of right ownership,the completed non-compete system,the backward relief ways, etc.The third part is about my thinking and suggestions of legal system about trade secretprotection in our country.First, on the basis of comparing legislative model with foreign,Ianalyzed the choice of special legislation pattern to protect trade secret in our country, anddemonstrate it’s necessity and feasibility.Then, put forward the legislative suggestion ofimprove our trade secret protection——to develop a special <trade secret protectionlaw>,and designed the main content of this law.Mainly includes clear theconcept,scope,constitutive requirements and ownership of trade secrets,formulatenon-compete system,enumerate the behavior of violation of trade secrets and its exception.