On The Protection Of The Enterprise Independent Innovation Of Commercial Secret

Commercial secrets of independent innovation technology are the impetus and source ofthe sustainable development of an enterprise. They play a crucial role in getting a place for anenterprise in the acute economic competition. Therefore, the protection for the commercialsecrets of independent innovation technology is not only good for an enterprise to create moreeconomic value by making use of the achievements of technological innovation, but also goodfor mitigating legal risks confronting the enterprise.There two ways of protecting the commercial secrets of independent innovationtechnology, self-defense and legal protection. The former belongs to pre-protection, whichmeans that an enterprise constructs relevant system to protect the commercial secrets ofindependent innovation technology according to its own features before the commercialsecrets of independent innovation technology are violated. The latter belongs to postprotection, which is the legal relief that an enterprise seeks according to the legal provisionsafter the commercial secrets of independent innovation technology are violated. Self-defenseis supposed to be a major protection that an enterprise adopts due to the characteristics of thecommercial secrets.At present, there exist some problems and difficulties for enterprises to protect thecommercial secrets of independent innovation technology. Many enterprises are not clearabout the legal definition of commercial secretes, ill informed of the main approaches toletting out secretes and ineffective in taking protection measures. A complete and effectiveenterprise system doesn’t form in the enterprise’s protection for the commercial secrets ofindependent innovation technology. In the legal aspects, our country doesn’t have a unifiedlaw of commercial secrets. The protection for the commercial secrets of independentinnovation technology is comparatively decentralized, and some problems exist in the specificlegal provisions. Therefore, such are the major approaches for the enterprises to solving theproblems existing in the protection for the commercial secrets of independent innovationtechnology as perfecting the legal system of commercial secrets, deepening the understandingof the commercial secrets of independent innovation technology and establishing completeprotection system.