Discussing The Legal Protection On Trade-Secret In China Under The Internet Environment

The protection of trade secrets is an important prerequisite for economic development and technology innovation. Many countries set trade-secrets into the scope of intellectual property protection while China is no exception. Under the internet environment, the encroaching on trade-secrets presents an unprecedented serious situation, and the protection of trade-secrets is facing a new challenge. How to protect trade-secrets in the environment that computer and network has been popularized is a problem which must be solved. Around the theme about protection of trade-secrets in the network environment, and on the basis of defining the scope of business secrets accurately, this article introduces and analyzes our legal system for trade-secrets protection. Then I advance the problems which is unable to be solved by the existing system under network environment, and put forward suggestions.The text has six parts.The first part is introduction, which expatiates the important meaning of protecting business privacy and this text's central research content and basic structure.The second part defines the category of business privacy. The business privacy means the secret information which legally possessed by natural person or juridical person, and this kind of information should be prevented from leaking or being obtained through dishonest business means and using. Business privacy mainly includes two kinds:one is technical secret information; the other managing secret information. The legal concept of business privacy should be cognized and understood by its component. The components of business privacy comprise the qualities of secret, value, security measures and digital.The third part briefly introduces China's actual law system of protecting business privacy. China started late to legislate on business privacy protection.1980s, our country began to protect business privacy through administrative laws and rules. In the next ten more years, our country gradually built the whole framework of business privacy protection. Business privacy has been provided with comprehensive legal protection, according to means of civil law, administrative law, criminal law and so on.The fourth part introduces the characteristic methods of encroaching on trade-secrets in network environment, including hack, pc virus, p2p sharing, which has some differences from traditional methods.The fifth part primarily shows the problems of business privacy protection under the circumstances of network. With the emergence of this newly-invented network which has the traits of fully share on information and no national boundaries have brought on some new problems which are mostly about under the circumstances of network, the quote of infringing business privacy, the uncertainty of infringing business privacy, the complication of the main body of infringing business privacy, the problems between network contract and business privacy, the protecting range of business privacy, and the legal responsibility of infringing business privacy.The sixth part attempts to present some thoughts and projects to solve the problems above. In the environment of network, the chief mission of protecting business privacy is specially legislating on it. A little number of advanced countries has embarked on legislating to protect business privacy under new environment. In the process of special business privacy legislation, it should properly solve the problems mentioned in the fourth part of this text. Thus, author offers his own primary opinions and suggestions on how to settle the problems above.Therefore, I put forward some preliminary views advices on how to solve these problems.