Study On Several Issues And Enlightenment Regarding Application Of The Inevitable Disclosure Doctrine In China

The Inevitable Disclosure Doctrine is an important principle in trade secret system in USA. Due to the fact that Lack of prior protection to trade secret in our country, some courts have begun to apply to the doctrine to deal with some tort cases of trade secret. However, there are lots of problems in the process of applying due to unfamiliar with the doctrine. By reviewing cases in this thesis, the author suggests that we should determine the doctrine in trade secret system. The applicable condition and function between the Inevitable Disclosure Doctrine and engagement and similarity principal doctrine shall be strictly distinguished. Premise of Inevitable Disclosure Doctrine shall only exist in impromptu infringement cases. Meanwhile specific measures shall be taken to eliminate risk such as non-competition in order to protect trade secret effectively after balancing comprehensively each party's interests.The thesis is divided into four parts.The first part is the introduction, to introduce the present situation of trade secret infringement in our country by the citing cases, and to state the significance of choosing the thesis.The second part is the introduction of the definition, the establishment process and strength and weakness of the Inevitable Disclosure DoctrineThe third part summarize and analyzes problems in the process of applying to the Inevitable Disclosure Doctrine combining case analysis, and clarifies the Inevitable Disclosure Doctrine shall not apply in practical tort cases, the trade secrets prejudices the public interests shall not be protected, and the difference between the Inevitable Disclosure Doctrine and engagement and similarity principal doctrine.The forth part is the summary of problems of applying to the Inevitable Disclosure Doctrine. The author suggests that the Inevitable Disclosure Doctrine shall be established in the legislation and the Inevitable Disclosure Doctrine shall be combined with the Tort Liability Law at the present stage.