Trade Secrets Infringement Study

This thesis, based on investigating basic issues of business secret and the establishment and development of legal protecting system of it, centers on analyzing the theoretical basis, types, manifestations, and legal determination of tort of business secret, and the investigation into the responsibility for it. Some suggestions are made here about the legal determination of tort of business secret during proceedings.Business secret refers to the technological and managerial information that is not publicly known and is practical, which can bring economic benefits and has been kept secret by its obligee. Its primary characteristics include secrecy, confidentiality, practicality and the quality of being economic; and its subordinate characteristics include uniqueness, novelty, legitimacy and riskiness. Legal protection for business secret originates from Britain and U.S., and gradually spreads to all over the world. Business secret, as intangible property, can bring immense economic interests and competitive edge to its obligee, and so how to ensure the effective prevention of tort of business secret and provide timely legal relief has become major concerns of legislation in every country. Law on Anti-Unfair Competition issued on September 2, 1993 in China, for the first time legally defined the concept, scope and constituent conditions of business secret and several types of tort of business secret. It also determined the scope of business secret, which includes technological and managerial information. Later on, Criminal Law, revised in 1997, added the crime of infringing business secret, further perfecting China's legal protecting system of business secret.The power of the business secret belongs to the kind is a theories to puts law protection into practice sill.Have primarily below a few standpoints:The property right theories, intelligent property right theories, contract theories, anti is to compete theories and legal right theorieses falsely with business enterprise power theories etc..The prosperous nation requests to protect the clandestine and the most emollient theories in its business, consist in the property right theories.But the theoretical and biggest weakness in property right is to requests the business secret have the novel, however, the writer think in fulfillment if requests the novel and creates excessively sex, to break the law the behavior is a kind of encouragement.The business secret conduct and actions...