Trade Secrets Legal Protection

This paper is totally divided into four related parts.Chapter 1 firstly introduces the three developing periods of trade secrets protection: spontaneous protection,initial legislative protection and mature protection period.And then the paper fully analyses the definition, effective conditions, legal characteristics of trade secrets, among which the author's unique understanding about the definition and effective conditions of trade secrets can be seen. Trade secret is commercial information . A trade secret is any commercial information, which is not generally known within its application circles, and reasonably protected from disclosure by its rightful holder. A trade secret should include commercialjSecret and novel conditions. Trade secrets is a new kind of intellectual property.Chapter 2 mainly focuses on the basic theoretic issues such as the ascertaining, representation and legal liability of trade secret torts. The Necessary conditions of trade secret torts include the existence of a trade secret,tort behavior,and subjective fault of actor. Representation of trade secret torts include illegal obtaining, illegal disclosing, illegal applying,and behavior against covenants not to compete. Legal liabilities of trade secret torts involve civil,administrative and criminal liabilities.Chapter 3 fully studies the protection history and current legislations of Anglo-American law countries, Civil law countries and also international organizations such as WTO, and reviews the current status of related domestic laws and regulations, then points out the main problems and shortages existing among the present legal system for trade secrets in china.In Chapter 4, based on our domestic situation and modem legislation trend and experiences of foreign developed countries, the paper puts forward related countermeasures aiming at establishing a better legal system for protecting trade secrets in China. It calls for changing our legislative mode and establishing the Trade Secret Law. The legislative principles include protecting commercial moral and competitive order, encouraging and protecting invention and research, prohibiting right abuse. Finally it provides a package of suggestion for the new Trade Secret Law, such as accurate definition and legal characteristics confirmation of trade secrets, more detailed torts description, punitive damages, torts via internet,covenants not to compete, and etc.