Comparative Study Of The Sino-us Trade Secret Law And Our Legislation

As the economic knowledge starting with the swift and violent development, the business secret protection become the technology advancement protection the most front, more and more enterprises pay attention to it's value and the favor. When the Chinese Enterprise moving towards the market, realizes the business secret protection the importance gradually. But in reality, there is many questions in business secret protection, causing the protection not strength, the rich huge commercial value business secret is divulged easily, creating the serious economic loss for the enterprise and the country. Our country realized this question, took the massive effective actions in the legislation to protect our country's business secret, but because of the insufficiently theories and practice preparations, at present business secret protection condition still not entirely as desired. How does our country protect the business secret in the legislation becomes the important topic which at present must need to solve. Profits from the developed country mature legislation experience is establishes the business secret protection system in the short-term the way that must be taken. The business secret protection of developed country as America is in front of the world, no matter its protection idea or protects the specific measures, all are worth studying and the researching. Chinese law mainly receives the mainland legal system country, specially Germany and Japan, but are less to the English America legal system. This article was precisely conducts the comparison research under this kind of background to the Chinese and American business secret legal protection, hoping it is benefit to our business secret legislation .There are three major part carries on elaborated that in this article:The first part through the introduction business secret protection legislation value, is clear about the business secret legislation the importance.The second part selects the China and America business secret law in the different system to carry on the contrast explanation, including the legislation comparison, the business secret law limits comparison, the good intentions obtains the system the comparison and the right infringement relief way comparison, thus discovers our country business secret legislation imperfect face.The third part in view of our country business secret legislation and the US business secret legislation disparity which discovered in the comparison process proposed six consummate the suggestion, respectively formulates the business secret protection specially legislation; The consummation competes industry the prohibitionsystem; Establishment business secret good intentions third human of system; In perfect business secret right infringement lawsuit evidence collection responsibility system; Establishment infringement business secret punitive compensation system; Establishment business secret protection prohibition rule relief system.