Trade Secrets System Of Legal Protection

Under the epoch background of which technique is life and information is money, the competition that between corporations have increasingly evolved the chasing exploitation and possession of the new technique and management information including trade secret. Trade secret has increasingly become the key factor of competitions. People gradually intense realized that the infraction of important trade secrete must greatly destroy the corporations. Now trade secret has become an international problem which is arousing general attention all over the world and some international organizations such as International Commerce Chamber, World Intellectual Property Right Organization and World Trade Organization, etc. In our country, on account of execution of Unfair Competition Law, trade secret have been the new hotspot of judicature protection, which was unacquainted to countrymen before 1993.Health economy in our country must be a economy modulated by good laws, protect trade secrets of all kind of business is one of the legal basis to this goal. After 20 year' successful Practice of the reform and opening, we have established a basic intellectual Property law system including the Trademark Law, Patent Law, Copyright Law ,Unfair Competition Law, Criminal Law also Punishment crimes to intellectual property .This does not mean that everything has been done. Now we began to concern the issues of trade secret Protection, until now the legal system in this field has not established Properly in our country. Due to the limitation such as legislative skills and experiences, the legislations of trade secret law is not satisfactory, the legal system of trade secret is defective and not sufficient to protect trade secrets. The function of trade secret law to protect legal interests of businesses hasn't brought into full play. There are urgent needs for us to study and promote trade secret protection, and formulate a "Uniform Trade Secret Law of P.R.China".This thesis is about how to strengthen trade secret Protection, by analyzing the situation of trade secret Protection In our country, by study the theories of trade secret Protection, and by analyzing legislative nature and aspects in other counties, Put forward issues and suggestions, In order to benefit the legal Protection of trade secrets and the legislation for trade secrets in our country. The thesis is composed of five sections. The first section is nature and aspects of trade secret. It is about the concept, the range, the nature and the importance of trade secret. It is believed trade secret is the special form of Intellectual Property that has the character of Intangible property; the scope of trade secrets will develop along with the scientific and social develop. The second section expatiates and evaluates the theories and practices about the legislation form of trade secret law in main countries and areas of the world. Then review the trade secret law in China to find its defects and limitations, and believe that our legal system must be promoted constantly and we do need a Uniform Trade Secret Law. The third section discuss the main protection of trade secret, trade secret tort, the relief of tort, covenant not to compete and so on. I try to put forward of the suggestion in building our own trade secret law and hope it would be useful to our trade secret legal system and the Judicature practices.