On The Right Of Trade Secrets

Commercial secret right has attributes of knowledge right, it's a kind of rising knowledge right.Compared with Patent Law.Trademar Law and Copyright Law, it has six characters: 1. compatibility of right subjects.2. secrecy of right objects. 3. relativity of right. 4. indefinite date. 5. nature of right. 6. risk of protecting rights. On the basisof these analyses, I put forward a new concept___commercial secret right. It means akind of limites right owned by compatibile right subjectcs to commercial secretx.Commercial secret right includes the following: personal right and property right. Commercial secret right isn't absolute, it is linited by others' legal rights or social public benefit.With the development of social capacity, the field of protecting commercial secret right is becoming more expansive.It's argent to construct China's commercial secret right. Traditional laws such as Contract law or Criminal law etc. don't have exact concepts of commercial secret right, so they can't protect commercial secret right efficiently. So I put forward a proposition of constructing China's commercial secret right: First, work out Commercial secret law, and claim it's an independent civil right; Second, add prescript about competition ban; Third, who is responsible for putting to the proof about violating commercial secret right.