Trade Secret Protection Under The Network Environment

The 21st century sees that the internet has been developing quickly and our daily life has been influenced thereby greatly and complicatedly. The law of intellectual property, which has been researching deeply and widely, is also the most sensitive section effected by the internet. The business secrets is now viewed as one kind of intellectual property, so the legal system of protecting business secrets shall be researched timely and deeply and then new measures shall be taken to face the challenges thereof brought by the internet and be suit for developing the internet economy.This main content of this thesis consist of three parts as follows.The first part briefly introduce the traditional legal system of protecting the business secrets, which shows in detail that secrecy, valuableness and novelty are comprising attributes of business secrets, and the content of business secrets is becoming wider as result of economy development. The existing legal system of protecting business secrets is keeping conformity with the agreement of Trade Relating to Intellectual Property under WTO, but there are some failings with it and some necessary measures shall be taken to better the system thereof.The idea of that the resources shall be shared freely and widely brings some new problems to the traditional legal system of protecting the business secrets. The second part of this thesis analysis these problems from the point of internet standard contract, the place of tort and the transmitting ways .The last part analysis the steps which shall be taken to deal with those above problems under the internet environment. It seems that some few developed countries had taken measures including making special act to protect the business secrets exclusively, which signify the tendency thereof .With China entering into the WTO , the course of her joining the globalization economy will be advanced greatly , so this part puts up with some points on how to seize the opportunity of developing internet economy and strengthen the legal system of protecting business secrets.