On China's Anti-Unfair Competition Law On The Protection Of Trade Secrets

The Business secret is special intellectual property and information. It can't be known by the public as usual, but can bring huge economic benefit and practical value to the owners. It's also protected by some rational measures for keeping secret. Along with the development of economy, it has played an important part in competition and society, and some correlative issues in law have been also obvious. Now, these issues have aroused wide concern of many legists in the theory and practice field . "Rio Tinto case" of Shanghai in 2009 exposed a weakness in the protection of business secrets in China. To improve trade secret protection system and ensure the national economic development has become an urgent task for the current in China.This article is divided into three parts and the first part is the case. First of all, disclosure of trade secrets brought huge damage to the State and the enterprises in the "Rio Tinto case" that the protection of business secrets should be paid enough attention to in our country. Secondly, through study and analysis about elements of the trade secret, the differences between states secrets and trade secrets will be distinguished from the legislative intent,legal characteristics,subject of rights,deterministic procedure,disposal right and legal liability, so responses will be made to the divergence which between state secret or trade secret the "Rio Tinto case" belongs to.The second part of the thesis that the main part of a discussion on the legal protection of commercial secrets and the status of existing deficiencies. First to Unfair Comperition Law, for example, the existing legislative function and effect and the main commercial secrets from the provisions too restrictive, the scope of business secrets to be too narrow, lack of commercial secrets of the legal attributes, the lack of commercial secrets of the rights owner, lack of "not regarded as a violation of commercial secrets" behavior, lack of goodwill third person or the use of flawed commercial secret issues, for violations of commercial secrets acts of the civil liability provisions is not entirely reasonable, violations of the lack of commercial secrets "ban" measures lack of private relief provisions and other aspects of the limitations of existing legislation.Finally from the aspects such as historical factors, legal weak awareness, technical difficulties,I analysis the reasons of existing legislation limitations.The third part,I think Further improving the law against unfair competition is currently protecting trade secrets and relatively realistic way, from the commercial secret legal concept, the main commercial confidentiality and the scope of application, legal relief and legal liability, and other aspects , I give some shallow proposals of improving the legal protection of commercial secrets .