International Protection Of Undisclosed Information

Undisclosed Information is one of the protected intellectual property rights regulated by TRIPS. With the development trend of the social and economic integration and the competition of the corporations becoming more and more fierce, the protection of undisclosed information is also valued increasingly. Many countries make laws to protect undisclosed information, international organization and international conventions also regulate the legal protection of undisclosed information. So there are certain theoretic and practical meanings on studying the international protection of undisclosed information.The paper includes four parts:PartⅠmainly introduce the definition and the constitutive requirements of undisclosed information. Through analyzing the regulation of different countries and international conventions, the paper draw the conclusion that undisclosed information is the information that as a body or in the precise configuration and assembly of its components is secret and has commercial value because of its secrecy and has been subject to reasonable steps to keep it secret by the person lawfully in control of the information.PartⅡanalyze the historical change of the international protection of undisclosed information, especially conclude the process that international organizations and conventions regulate the protection of undisclosed information. The paper analyze the appearance of the undisclosed information protection system through talking about its legislative reason, and analyze the several protection theories comparatively. Then the paper divides the protection process of international organizations and conventions into three periods, that's indirect protection period, Know-How protection period and undisclosed information protection period.PartⅢmostly introduce the recognization and legal remedy of undisclosed information infringement. It's the key part of undisclosed information protection. The paper analyze several constitutive requirements of undisclosed information infringement, and take several Manifestations of undisclosed information infringement for example. In the part of legal remedy, the paper introduce some kinds of remedy, such as injunction remedy, compensation for damage, administrative remedy and criminal remedy.PartⅣconcerns about the protection system of our country's undisclosed information. The paper firstly brings out the basic principle that should be obeyed while carrying out the undisclosed information protection. Then the paper points out that the undisclosed information protection of our country is not perfect enough through analyzing the present protection situation. Learning from the successful experiences of other countries and international organizations, the paper put out several suggestions to improve our country's undisclosed information protection, just like making special law, regulating the injunction system and making the burden of proof more reasonable.