Trips Context Of The Comparative Study Of The Protection Of Trade Secrets Law And Our Legislation Improve The Proposal

With the further development of world trade in recent years, enterprises began to realize the importance of protecting trade secrets in the commercial competition. Meanwhile, people in the circles of legal study as well as judicial practice pay more attention to build a sound leagal system of trade secrets protection. On the one hand, because of the pragmatic trade activities today, the number of the cases involving trade secrets gradually increases in our country, also does the difficulty in these cases'hearing. In addition, there are some defects in our relatively backwards legislation on trade secrets. On the other hand, as China is one member of WTO, our legislative activities on trade-related intellectual property rights should be carried out under the framework of TRIPS, which is to comply with the promises to WTO and fulfill the obligations, of course, including the legal protection of trade secrets which should refer to TRIPS on " undisclosed information "provisions. Therefore, this thesis conducted the research on the legal protection of trade secrets under the TRIPS, and establish sound advice and recommendations for our legal system of trade secrets protection, in order to supply the full protection for enterprises'legitimate trade secrets, which is beneficial to the development of the world-wild trade in China.The first part elaborates on the connotation and species of trade secrets, separately from the TRIPS, the provisions of some developed countries as well as China. By comparing the difference, the most reasonable definition of trade secrets could be identified, which should be the base of this thesis.The second part discusses the nature of the trade secret right and analyzes the focus points and defects of several main theories. Combing with provisions in TRIPS of undisclosed information, the right of trade secrets is determined as a special intellectual property which is the basis for discussion later. And then it analyzes the characteristics of the right in comparison with those of the traditional intellectual property rights.The third part deals with the acts which violate the trade secrets, apartly in the elements and the types of the behavior, together with eliminate conditions, in order to find the missing parts of the legal protection of trade secrets in our country.The fourth part does the research on the legislation model and basic relief system of trade secrets in some developed countries and TRIPS, so as to obtain the appropriate and reasonable legislative model together with the relief system for China. The fifth part describes current status about the legal protection of trade secret in China, and puts forward some uesful proposals focusing on the leaks in our legislation.