Trade Secrets And Its Protection Of The Law

The anti-unfair-competitive law of our country stipulates that trade secret is technical information and operating information that people not know, can bring economic benefit to obligee, is practical and is kept secret by the obligee. According to the TRIPS, trade secret (undisclosed information) is the commercial information that which is controlled lawfully by the obligee, which is not generally known or easily gotten by the people who engaged in the profession field of this kind of information, which is of commercial value and which is took reasonable secret measures by the obligee. Comparatively, the definition of trade secret of the law of our country can be comprehended similarly to the TRIPS. But the stipulations of TRIPS is more strict and scientific. For example, TRIPS doesn't limit the scope of trade secret and it stipulates the reasonable standard of the measure of keeping secret. The important consisting condition of trade secret includes secret nature, valuable nature and managing nature. Secret nature means the objective nature and relative nature of trade secret, which indicates that the information as trade secret is not popularly known by the public but to some extent the people who have the obligation of keeping secret can know the content of trade secret. Some people think that the novel nature is one of the important consisting condition of trade secret. But I think the secret nature has implied the novel nature. So the novel nature isn't the important consisting condition of trade secret. The valuable nature means that trade secret can bring real or latent economic advantage or competitive benefit to the obligee. Taking the reasonable measure of keeping secret indicates that the obligee is controlling trade secret, which means managing nature. Between these three important consisting conditions, secret nature is the most important, valuable nature comes form secret nature, while managing nature serves for secret nature. The scholars of our country most likely discuss trade secret and it's important consisting conditions, but neglect studying the trade secret right. Trade secret right is a kind of special intellectual property. We can't deny its legal nature of intellectual property just because it isn't of typical exclusive nature, local nature and time nature.The main body of the trade secret is different form any other main body of property right. One trade secret right maybe exists two or more right body who are not connecting each other. The extent of the trade secret right object can not just be limited to the technical information and operating information. The information besides them also can be trade secret. The obligee of the trade secret have the right of possession, using, profit and disposition. But trade secret isn't of the strict exclusive nature, the obligee can't exclude other people getting and using the same trade secret by legal method.Why the law protect trade secret is to respect the commercial morality, to defend the competitive order and also to encourage scientific and technical innovation. Why the law give the obligee of the trade secret the exclusive right and monopolize right is because that "where there is no legal monopoly, where there is no enough information". The conduct of invading the trade secret right can be concluded as four fundamental types. The first one is the conduct of getting trade secret by unfair methods. The law of our country stipulates that the conduct of getting trade secret itself is unlawful. And this is advance in the world. The unfair methods means which are not fair methods. Though we can't count the unfair methods, we can enumerate the fair methods. The second one is the conduct of disclosing and using the trade secret which was gotten by unfair methods. The third one is the conduct of disclosing and using the trade secret by violate the obligation of keeping secret. The main body of the violating the obligation of keeping secret isn't limited to the operator, but also includes the workers inside the entity which employ th...