On The Right Restriction Of Protection Of Trade Secret

Every kind of rights must be restricted. Rights protection and rights restriction are always the proposition on law, and there is no exception for the trade secret rights. Since the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS) by the World Trade Organization, the trade secret rights have been raised to an unprecedented level, and trade secrets has also been regarded as a new type of independent intellectual property rights. Starting from the analysis of the character of intellectual property and content of trade secret rights, this paper, according to the theory of balance of interests of trade secret protection, analyses the necessity of protection of trade secrets and the rationality of the restrictions of trade secrets rights. Through the exploration of the laws concerned the protection and rights restriction of trade secret in some developed countries, such as America, Germany, etc, the paper discusses several systems restricting trade secret rights on the basis of protection of social benefit, legal rights and laborer's freedom in choosing a job. Analyzing the present legislation situation of the rights restriction of trade secret protection and drawing lessons from developed country's experience, we put forward to some suggestions about constructing our country's rights restriction system of protection of trade secrets.