Commercial Secrets Of The Theory Of Civil Law Protection

Commercial secrets (Trade Secrets) contains a huge economic value and use value, in the moderncommercial competition, it can give the holder or operators enormous competitive advantage. Since thereform and opening up, China has established the market economic system to adapt to the requirements ofmodern production, market are becoming more diverse, increasingly fierce market competition.Commercial secret is a hot topic in the field of China’s market economy, trade secret protection is not onlyneed to maintain the business secret rights of the legitimate rights and interests, but also the maintenance ofbusiness ethics and the market order of fair competition. At the same time, individuals or enterprisessubject to the business secret understanding gradually deepened, the phenomenon of infringing trade secretis becoming more and more common. Civil and commercial secret infringement cases increased gradually,bring a lot of negative impact to the healthy operation of China’s social economy. At present, China hasinitially established the legal protection system of business secrets, commercial secrets, conditions, scopedefinition, tort liability and protection mode can be seen in the laws and regulations and relevant judicialinterpretations. However, commercial secret type generalization and elements of more complex, in theprocess of constructing our country trade-secret protection of the many beat all difficulties. Therefore mustrealize the benign operation system of our country market, promoting economic development and socialprogress, maintaining our country socialist market economy competition in good order, we must protect thecommercial secrets not to be violated, so the strengthening of the commercial secrets of the civil lawprotection of it is of theoretical and practical significance.Objective to study on the legal protection of commercial secrets of the question, is for our existingcommercial secret problems in the legal system, on the basis of business secret legal developed countries ofAnglo-American law system, continental law protection theory and system, tries to combine the theory andpractice perspective, the connotation and extension of the analysis of commercial secrets concept, systemof legal protection of commercial secrets, thus to perfect our country trade-secret protection system putforward specific recommendations, in order to help the business secret and its protection. The full text isdivided into five parts.The first part studies the basic theory of trade secrets, discusses in detail the commercial secrets of the meaning, characteristics and elements of the legal protection of trade secrets, the origin and purpose oflegislation were discussed, the necessity and urgency of further reveal the legal protection of businesssecrets.The second part studies the problem of determining the tort behavior of business secret, listed the mainforms of infringement of business secret.The third part carries on the introduction of the Anglo-American law system and continental lawsystem countries representative of business secret legal protection system, and the current situation of ourcountry trade secret protection of the general description, to the exploration of related issues of legalprotection of trade secret in china.The fourth part of the commercial secret infringement relief problems, focuses on tort liability andliability for breach of the identification and selection.The fifth part describes the current situation of trade secret protection in our country,and put forwardthe business secret protection system in China,on a temporary ban measures can use in the litigation ofinfringement of commercial secret.