Rights Attribute Of Trade Secrets And Perfection Of Its System

With the development of the international economy and commerce, both Economics and Law societies have paid attention to the topic of trade secret protection. Setting up a system is an essential requirement of each society of continuable development, especially a legal system of trade secret protection for a smooth operation of a society. In China, trade secret protection system was formed and developed with the effect of internal and external elements. The current protection system has its limitations as it was newly set up, as well as redeeming features during developing period. However, from the viewpoint of economic development, the current trade secret protection system obviously can not meet the requirements of economic development in our country. Thus, in recent years, it has been a hot legislation topic that theoretical law society and practical law society are both concerned.In this area, the legislation practice and experience of oversea countries are worth studying and referring. We should refer to the advanced legislation system with considering the situation of our country, further deepen the study and exploration of our own trade secret protection system, summarize the objective rules of trade secret legal system, and boldly bring out the legislation conception. In this article, the author will analyze the current legislative status of domestic and oversea trade secret protection; rights attribute problem of trade secret and limitations of trade secret protection in our country, on the basis of which, bring out the conception of separately making law of trade secret protection as well as suggestion to complete different aspects of the legal system.In the first part, the author analyzed the current status of trade secret protection system. In our country, trade secret is mainly protected by the Anti-unfair competition laws, and secondly protected by the civil laws and criminal laws. In the analysis of oversea trade secret legislation activities, the article respectively discussed the legislation activities in typical countries of common law system and statute law system, and emphasized Agreement On Trade-related Aspects of Intellectual Property Right ("TRIPS agreement"in short).In the second part, the author probed into the rights attribute problem of trade secret. With the analysis of different theories, the trade secret right was concluded as a new type of intellectual property rights, which was a beneficial attempt of defining its legal status, legal attribute and relief measurement.In the third part, the author analyzed the four main problems of trade secret protection system in our country, including decentralized rules and content, strict requirement of composing elements, lack of procedural protection, and the lack of value evaluation system. To complete the trade protection system, the defaults must be corrected and the limitations must be made up.In the last part, the author put forward the suggestion of separately making law of trade secret protection, and listed down the important content which should be added into the law, including expansion of trade secret protection scope, introduction of restricted rules, increase of penalty, introduction of Injection, and definition of burden of evidence, etc. It also discussed the necessity and feasibility of separately making law of trade secret.