Trade Secret Protection Legal System. Comparative Study

With the advent of the knowledge economy era and the intensification of competition in the international market, China puts more emphasis on the protection of trade secret. Therefore, the establishment of a sound legal system to protect trade secret is particularly important. This thesis, based on the basic theory of Civil and commercial law, economic law, using general and individual dialectical thinking approach, makes more systematic and in-depth study of the protection of trade secret law between China and Japan. The similarity and difference of the two countries are compared and studied. The writer reviews the advanced legal system of the Japanese trade secret protection and inadequacies of ours, offering suggestions to the future legislation and implementation of trade secret protection laws in China.The body of the thesis consists of five parts.Part one deals with the origin and basic theory of trade secret protection law. It firstly introduces the development trends of trade secret protection law and then briefly explains four trade secret legal protection theories; secondly it tells us the reason for a comparative study of trade secret protection law of china and Japan.Part Two mainly discusses and analyzes the history and the current situation of China-Japan trade secret law protection. This part firstly introduces development process of trade secret protection of two countries and gives brief evaluation; it mainly deals with the introduction of all kinds of legal systems of China and Japan and analyzes the similarities and differences between them. With different comparison and analysis it points out the deficiencies of our laws.Part three provides China-Japan trade secrets comparative analysis of the basic legal framework including basic concept of trade secret, the constitutive elements of trade secret, the scope of secret information which trade secret law protects, the nature of the trade secret law and academic perspective, and other relevant contents.Part four involves comparisons between China and Japan for the recognition of the infringement of trade secrets and remedy system. It firstly introduces the definition of trade...