Research On Customer List Of Commercial Secret Protection

In economic globalization and knowledge economy era, economic, scientific and technical level rise quickly, service degree is deepened ceaselessly. Business secret as a way to promote the economic development of the power source, decisions in a certain sense, enterprise investment and development success or failure. On commercial secret use when, beneficial to improve enterprise competitiveness, maintain the leading position of technology, therefore, the countries to strengthen the protection of commercial secret.Along with the social division of labor, production continues to refine, usually considered trade secrets by the technical secrets and confidential business two. Management, marketing science increasingly developed, the business secret to improve enterprise efficiency, improve management effect is apparent with each passing day, for the right person to bring competitive advantage is substantial, is the great intangible assets. The client list is the business secret of the popular one. In order to promote the fair market competition and economic development, customer lists are incorporated in the protection of commercial secrets.However, not all customers list can become a commercial secret, only with certain conditions will have a business secret property. Customer list of commercial secret relative to the general business secret has its unique, unique to this list of clients of commercial secret attribute identification and protection it also had the important influence, in real life, infringement of commercial secrets act it is often seen. Customer list, while the legal no precise standards, coupled with the lack of entity and procedure, the client list people's rights are not guaranteed. Therefore, a list of clients for research, are both necessary and has practical significance.In the paper, and the analysis of the process mainly uses historical analysis, comparative analysis, information research methods, through to the customer list of commercial secret features, customer list's attribute identification analysis on foreign countries list of clients the business secret protection system for comparison, according to the situation of our country, on the our client list commercial secret protection are proposed. At the same time, passed through a large number of documents, browse a large number of Internet information, analysis of a large number of actual cases, completed in this paper.This paper takes "customer list of commercial secret protection" for the center, is divided into four parts.The first part's issue is about the basic theory of customer list of commercial secret. First of all, through the definition of commercial secrets, commercial secrets and the characteristics of infringement of business secret is summarized, the customer list as the business secret protection law basis. Secondly, a list of clients of commercial secrets to conduct the analysis research, made clear customer list's unique characteristics, that is relatively specific under the auspices of the secrecy and confidentiality coexistence and relative stability of diversion of value and practicability were significant. As a result, generalize the types of the behavior which had infringed the commercial secrets of the customers list.The second part's issue is about the protection of foreign development situation to client list of commercial secret. Through the review of the development course of the protection of commercial secrets, affirmed the commercial secrets of the important position, thus emphasizing on business secret protection is necessary. On this basis, lead customer list of commercial secret protection, from the continental law system and Anglo-American law system countries were selected to represent the completion of major countries in the world, the client list commercial secret protection situation in this paper. Among them, the protection of commercial secrets is the most perfect American were introduced, involving a list of clients business secret property cognizance and relief (Memorization Defense and Inevitable Disclosure Doctrine) and other issues.The third part's issue is about the protection of the domestic development situations to client list of commercial secret. This part of the current law of our country (extras:the contents of law are to identify and remedy) analysis, revealed our customer list of commercial secret protection in legislation, cognizance and relief problems. The fourth part's issue is about improving customer list of commercial secret protection measures. For the complete list of clients from the violation of trade secrets act identification, improve customer list trade secret protection legislation put forward two suggestions for improvement. Which involves model legislation that standard, the principle of non-disclosure, non-compete and other aspects of learning. Finally, they put forward the balance of interests, national interests above everything else, from micro to macro, illustrates how to improve customer list trade secret protection.As the limited capacity I have, the paper can not be perfect, even has some mistakes.I expects your sincere criticism and corrections readily.