Legal Protection System Of Trade Secret In China And Perfection

In market competition, people are paying growing attention to business secrets, which have become corporations’treasured tricks to triumph over their competitors to stand out. Due to their great significance, it is important and necessary to project business secrets in all directions. At present, there are various forms of measures to protect business secrets in different nations globally. And on the whole, it is expected to establish special laws to protect business secrets. In this field, China has built anti-unfair competition law, contract law, labor law and criminal law. The business secrets are widely covered in Chinese different laws, which may result in some defects. This paper starts from the research on related existing laws involving business secrets. Furthermore, it analyzes the problems during the process of protecting business secrets and proposes suggestions and countermeasures correspondingly.This paper is divided into five chapters. Chapter One is theintroduction, recommending research present situation, research purposes and research methods. Chapter Two focuses on the basic theories over business secrets, especially the discussion of the concept and characteristics of business secrets. Chapter Three presents the historical evolution of laws protecting business secrets as well as the current situation of the legislation home and abroad. The analysis of the current situation lays a basis for the proposal of related issues in next chapter. Chapter Four respectively reveals the problems existing in the protection system of business secrets, which are as follows:overly dispersed legislation and difficult implementation, incomplete entity, incompact system and procedure, weak protection awareness, the nation’s inability to meet international standards in legal protection system of business secrets. Chapter Five puts forward countermeasures in terms of the problems emerged in protection system of business secrets. The author thinks that in order to achieve greater and faster development in socialist market economy, accelerate Chinese economic globalization and adjust to global economic environment, China should perfect the current legal protection system of business secrets, define the ambiguity parts and fill the blank area. Besides, special "Business Secret Protection Law" is supposed to be formulated as soon as possible to advance the legal protection system of business secrets. It also should add the regulations of allowing the third party acting in good faith to have access to business secrets, enforce the self-protection awareness about business secrets and even take self-protection measures. All these improvements will finally promote national economy to develop stably and orderly and improve China’s international status.