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The Study On Reverse Engineering Of Business Secret

Posted on:2013-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhongFull Text:PDF
GTID:2246330395488015Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
With the rapid development of Chinese automobile industry ever since thereform and opening, a group of self-created brands such as Chery, Geely etc. whichare famous all over the china or even the world appear. After entering the21stcentury,accompanied by rapid economic growth, Chinese automobile industry meets ablockbuster expansion, as a result of which property right disputes are increasing. OnMay6,2005, Beijing First Intermediate People’s Court officially accepted and heardthe suit of Chery Automobile Corporation Limited for unfair competitions launchedby GM Daewoo Auto&Technology ("GMDAT")that is subordinated to GeneralMotors Corporation. This case took three years and finally ended with reconciliationbecause of being involved with commercial confidentiality. Nevertheless, it indeedbrings intense shock to the highly-developing local automobile industry in China, andin the mean time reveals the deficiency of legislation regarding intellectual propertyand commercial confidentiality, particularly the rules on reverse engineering, in ourcountry.Under the premise of in-depth research on and reflection of the suit case ofChery QQ by GMDAT, this paper mainly analyzes the reverse engineering theory,components, and prohibitive provisions in commercial confidentiality from legalperspective in order to offer some suggestions to improve the legislation on reverseengineering of commercial confidentiality. This paper consists of five parts.Part1: The lawsuit of Chery QQ by GMDAT and the problems reflected thereof.This paper mainly introduces the course of the lawsuit Chery QQ by GMDAT and itsinfluences in the society, states the key problems reflected by the case, and abstractsthe theme of this paper, that is, to analyze the reverse engineering of commercialconfidentiality from a legal perspective.Part2: overview of the reverse engineering theory of commercial confidentiality.This part first of all introduces the concept, application and actuality of reverseengineering, and analyzes the internal correlation between reverse engineering andcommercial confidentiality protection, and finally demonstrates reverse engineeringfrom the perspective of jurisprudence.Part3: analysis of essential component of reverse engineering in commercialconfidentiality. This part divides the essential component of reverse engineering into three parts:1. Implementers of reverse engineering. Legal implementers of reverseengineering should be free from any flaws or defects prior to or during theimplementation process, and shall not be those persons who assume the duty ofconfidentiality or get in touch with confidential information of technologies freely;2.Implementation objects of reverse engineering. Legal implementing objects of reverseengineering should be acquired legally through public channels, and the implementersshall acquire the real rights of the products;3. Implementation result of reverseengineering. In the field of commercial confidentiality, so long as the implementationprocess and receivers of reverse engineering are legal, it can not be judged asinfringement even if the manufactured products are the same with the reverseproducts.Part4: Prohibitive provisions of reverse engineering. This paper mainlyintroduces and analyzes the popular prohibitive provisions of reverse engineering, andby referring to the attitude of foreign laws on prohibitive provisions, finally thevalidity of prohibitive provisions of reverse engineering is concluded.Part5: Legislation reality of reverse engineering of commercial confidentiality inour country and some suggestions for further improvement. Based on the in-depthanalysis in the previous part, the practical significance of the existence of commercialconfidentiality reverse engineering is explained from state and technical levels. At thesame time, relevant laws in reverse engineering in our country are listed. Accordinglysuggestions for improvement of legislation on commercial confidentiality reverseengineering in our country are provided:1. Accelerating legislation of laws forprotection of commercial confidentiality, improving the protection system ofcommercial confidentiality; referring to the foreign provisions on improvement ofreverse engineering-related rules;3. specifying the validity of contrast clauses onprohibitive reverse engineering.
Keywords/Search Tags:lawsuit of Chery QQ by GM, reverse engineering, commercialconfidentiality, prohibitive clause
PDF Full Text Request
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