On The International Protection Of Trade Secrets

With the development of market economy and widely spread technology, the enterprises are facing unprecedented challenges. In this "no gunpowder war", the conflicts among enterprises are changing from soil, raw material to information, technology. Business secrets gradually become the focus of people’s attention although it differentiates from the traditional intellectual property and causes a lot of argument.Business secrets are a kind of special information which are unknown to people, have actual or potential economic value and are kept by the secrets owner. At this intellectual economy times, business secrets like the lifeline for the enterprises, playing an important role on the development of the entire enterprises, some even can influence the national benefits.The protection of business secrets has gradually been an international issue, influencing the development and relationship among countries. As to business secrets even to the entire intellectual rights, our country doesn’t get the upper hand, mostly adopts the thoughts of law transplanting. Therefore, this article firstly reviews the international current business secrets protections, then analyzes our present situations and problems, in order to propose some suggestions to perfect our business secrets protection.This article is divided into4parts. Firstly it introduces the international protection and developing tendency. Then it analyses the basic law theory in the business secrets protections and some relief methods to solving the interests violation. Lastly it visualizes some suggestions to perfect our business secrets protection system.The first part is about business secrets international protection and developing tendency. At first, this part introduces the main trade countries’ protection system, mainly take America and England as examples for British law systems. And as to continental law system, this part mainly introduces German and Japan, comparing to our current situation, it brings out the differences in progress and some proposals. Then this part introduces the protection system from the international treaty, stressing on the TRIPS. At the end, it summarizes the developing tendency, which displaying international specialize and diversified tendency.The second part is about the research of business secret international protection. Firstly it defines the business secrets and the protection ranges, mainly about the law of America, England, German and Japan. Then it analyses the constitutions of business secrets, which are confidential, valuable and manageable. At the end, it expands the basic law theory about business secrets protection.The third part is about presuming tort and relief methods. Firstly it introduces other countries’ presuming methods, comparing with our country’s, summarizes the usual methods. Then it introduces some relief methods, which including civil methods, criminal methods and administrative methods.The fourth part is about how to perfect our country’s protection. It suggests to perfect the law system and some specific methods to protect the business secrets.In the process of writing this article, it used many research methods, such as bibliography, comparison, induction.