On Legal Protection Of Business Secret In China

With the fast development of the global economic incorporation and information technology, people living in intellective economic era are more creative than those in any other era, and more rely on incessant creativity and application of knowledge product. Trade secrets have been a new branch with the enlarging of protection range. Trade Secrets, namely undisclosed information, refer to any information, which is unknown to the Public, can bring economic benefits to the obligee and about which the obligee has adopted secret-keeping measures. It includes technology information, business operation information and other secrets. By far, there is no any special trade secrets protection law in China. Most of it dispersedly exists in different laws, codes and rules of section. It is not adaptive to current economic development of China. China became the member of the World Trade Organization (WTO) in the end of 2001. Compared with the rule of "Agreement on Trade-related Aspects of Intellectual Property Rights" (namely Trips Agreement) on the frame of WTO, there are much deficiency and rules that do not match the request in protection of trade secrets in China. This dissertation analyzes the deficiency of trade secrets protection in China on the base of the basic theory of it. And then put forward some advice and idea of legislation in order to perfect the situation of trade secrets protection in China.There are three parts in the dissertation. Basic theory of trade secrets is introduced in the first part. It mainly includes the meaning of trade secrets, attribute and scope of trade secrets, basic theory of business secret protection and general situation of law about trade secrets protection in China. In the second part, the deficiency of the law about trade secrets protection is discussed. It is mainly the deficiency of general situation and detail content. At last, advice on perfect of law about trade secrets protection is put forward. It is mainly including choosing legislation mode, amending and perfecting the NO.219 of Criminal Law of China and perfecting related rules ofproceeding.The second part and the third part are the innovation of this dissertation. The second part points out the deficiency of laws about trade secrets protection in China. First, as a whole, the legal norms are of various sources, which cause conflicts and loopholes; The Anti-undue Competition Law mainly applies to the relationship between business operators themselves. Besides, the law above chiefly regulates the administrative punishment arising from infringement upon trade secrets. Second, from the view of concrete contents, the laws of china require the practicality of trade secrets, many disputes may easily arise in practice; Doesn't regulate the concrete contents of the secret-keeping measures; No regulations on the temporary measures about prohibiting impending infringement; No regulations on the acquisition of trade secrets by the bona fide party; And so on. Finally, so far, there has been only one article and a crime name.The third part puts forward advice on perfecting law protection of Chinese trade secrets. First, from choice of the legislative mode, I advise to enact a special trade secrets protection law. Second, amend and perfect the NO.219 of Criminal Law of China. Finally, perfect the procedural regulations that facilitate the protection of trade secrets.