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On China’s Legal Protection System Of Commercial Secrets And Its Perfection

Posted on:2014-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:S M ZouFull Text:PDF
GTID:2256330401458954Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Although the trade secret does not belong to the traditional intellectual property of thethree theoretical pillars, in the business development process, it has become an important partof the emerging field of modern intellectual property rights. Because of its importance, itneeds paying attention to and studying extensively. Due to the emerging world, specificpatterns of the protection of commercial secret are not the same, but the legislation trend hascontinued to strengthen. The protection of trade secret is a multi-angle in China, which coversthe protection of civil law protection, economic law protection, criminal law protection etc.Although the protection modes vary, the defects are obvious. This paper attempts to makeanalysis on the existing legal system of business secret protection in our country, hoping toprovide positive suggestions on the law system of the protection of trade secret in China.This paper is divided into three parts--The first chapter is to introduce some basicproblems of the legal protection system of business secrets, especially for some comparisonand observation of the self-protection, the distinction and classification of legal protection aswell as the legal protection mode of commercial secrets of the world to pave the way forfurther discussion below. The second chapter has carried on the analysis to the limitation oflegislative process, the legal protection of business secrets in China and puts forward tolegislative suggestions. China’s current legal provisions related to the protection ofcommercial secrets are in the Anti-unfair Competition Law, labor law, contract law,administrative law, criminal law and other relevant laws and regulations and other normativedocuments. After the introduction and analysis of the legal protection of business secret legalnorms involved in China, this chapter points out the existing narrow protection range,provisions on tort subject problems such as non-uniform, and elaborates the necessity ofprotection single law of China’s commercial secret. In view of the problems, the third chapterputs forward to some suggestions on perfecting our country’s existing business secret legalprotection system. From thinking the combination of allocating the burden of proof, litigationrelief system, self-protection and legal protection, the author suggests enhancing itsoperability and protection. Only in this way, can better protect the business secret, promote international exchange and development of technology, and make the legal protection ofcommercial secrets of China’s system better integrate with the world.
Keywords/Search Tags:trade secret, legal protection, confidentiality, relief, The allocation of the burdenof proof
PDF Full Text Request
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