Study Of Trade Secret Protection Legal System

With comes of the knowledge based economy and economy globalization, trade secret has become the key point of market competition. The implementation of trade secret protection in economic activities has fully revealed its actual and potential economic value. How to protect the trade secrets? This is a serious problem faces current economy development.Chinese government has paid high attention to trade secret protection. However, due to the long-ruling period of planned economy system in China, currently we have not established a mature law system to punish those anti-trade secret activities. What's more important, people have not fully recognized the important role trade secrets play in the market economy system. The author will conduct his research on this topic by elaborating the nature of trade secrets, introducing relevant law system established in the developed countries and the current situation of China market, combined with specific cases on trade secrets protection.There are six chapters in this theory. The first chapter contains the general introduction of trade secrets and its protection. It introduces the appearance and development process of trade secrets, presenting its concept, features and forms. In the meantime, it also highlights the importance of trade secret protection through real cases, and makes the preparation work for the following chapters.The second chapter elaborates the importance of the trade secrets protection and its trend of globalization by introducing the different law systems set for trade secrets protection in some developed countries like America and Japan, Canada and Germany. By analyzing some international law terms of trade secrets protection like Paris Convention for the Protection of Industrial Property, Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the author introduces the trade secrets protection under Chinese law system.The third chapter covers the process of trade secrets protection law establishment in China. It also presents in a detail way how Labor Law, Contract Law, Anti-Unfair Competition Law and Criminal Law protect trade secrets in real cases. By comparison, the author also reveals the gap between China and International on trade secrets protection law establishment, including the protection scope and the protection procedures.The fourth chapter mainly focuses on the in-depth review of two specific topics of trade secrets protection, Limit Competition and Reverse Project. By analyzing Limit Competition and Reverse Project as well as their relationship with and the conflicts against trade secrets protection, the theory clarifies the activities which endanger the trade secrets. The fifth chapter points out the limitation of trade secrets protection exists in the Labor Law, Contract Law, Anti-Unfair Competition Law and Criminal Law and raises the suggestion on the improvements of the relevant laws and regulations.The last chapter expatiates on how to strengthen the ideas and the mechanism to protect the trade secrets from entrepreneur's point of view. There should be ways for both protection and strike. And it is suggested that by the entrepreneurs should prevent the leak of trade secrets by setting up an effective process and mechanism.