Study On The Protection Of Intellectual Property To Trade Secrets

Trade secrets refer to the technological and managerial information that is not publicly known and is practical, which can bring economic benefits and has been kept secret by its owners. The world’s developed countries have attached great importance to the legislation to protect trade secrets, and the formation of the United States and Germany, the two distinctive protection mode. Although china has set up a trade secrets system of legal protection initially, but demand from the world advanced level and economic development is still a big gap. In the theoretical study and practical process involving trade secrets protection, which theories to protect trade secrets, and how to identify their legal property and other issues has been controversial.This paper introduces the trade secrets legal protection profile in the developed countries of the world and our country to identify our deficiencies exist in the legal protection, analyses the theoretical basis of the protection of trade secrets and the legal property of trade secret rights, try to put forward some ideas for intellectual property protection of trade secrets. The author believes that contrast to the theory of contract law and tort theory, the theory of intellectual property law has a unique advantage to be able to provide more complete protection to trade secrets. Trade secrets rights is an intangible property rights, it has the basic characteristics of the traditional intellectual property rights, we should included it in the system of protection of intellectual property rights, we should pay attention to the provisions of the exceptions to infringement of trade secrets in the legislative process, that can reasonable restrictions on the rights to trades secrets. The special legislation to trades secret can carry out the provisions of the concept, scope, ownership, and relief ways of trade secrets comprehensively, it is the most effective protection ways of trade secrets. Simply a legal can not carry out the full range of protection to trade secrets, we must also support other legal requirements to really build a solid trade secrets protection system.