A Study On The Civil Protection System Of China 's Trade Secrets

As the development of the high-tech and increasing market competition, trade secret has become essential assert of the enterprises who are eager for the protection of the trade secret, however, the protection of the trade secret has a very short history with immature theory and practice in China, especially in the civil remedy, which leads to trade secret right holder’s unwillingness to seek for civil remedy. The topic of the thesis is The Research on China’s Trade Secret Civil Protection System, which will analyze the current situation and weak point of China’s contract protection and tort protection concerning the trade secret with study of related legal system and judicial practice overseas in order to provide some advice to the improvement of China’s civil trade secret protection system, especially civil remedy system. The thesis consists four chapters:Chapter One mainly states the basic topic of the trade secret. Quarter One firstly summarize the definition of trade secret under China’s legal context and points out the definition is expanding; Quarter One secondly summarize the content of trade secret right through analyze of different opinions about trade secret right and suggests that the law shall clarify the legal status of trade secret right and its content. Quarter Two sketches the trade secret civil protection system of TRIPS, United States, Germany and China and points out that application of temporary injunction in trade secret cases has the explicit legal basis and system assurance after the modification of Civil Procedural Law of China in2012.Chapter Two states the contract protection of trade secret in two aspects, non-compete agreement and trade secret license agreement, which are the most regular means of protection of trade secret in practice. Quarter One first introduces the concept, basic legal frame and importance of the non-compete agreement, and then analyzes the factors that might impair the effectiveness of the non-compete agreement and the remedy for the violation of non-compete agreement. Quarter Two studies the confidential clauses and other clauses concerning the protection of trade secret through the study of the current law and practice.Chapter Three discusses China’s tort law concerting trade secret. Quarter One states the model and recognition of the infringement of the trade secret. Quarter Two analyzes the remedy for the infringement of trade secret, firstly the thesis studies the compensation system in different countries and concludes that it’s not right time to introduce the punitive damages into the trade secret cases; secondly the thesis studies the injunction system in different countries in order to provide suggestions for the improvement of China’s trade secret temporary injunction system.Chapter Four provides some advice for the improvement of China’s civil protection of trade secret. As the weak points of the system mainly exists in the burden of proof and civil remedy, this Chapter will focus on the improvement advice concerns the burden of proof and civil remedy.