Research On The Legislation Regulating Of China’s Trade Secret

In the times of knowledge-based economy, it is the development of the economy leadsto fierce competition. In order to seize competitive advantage, all kinds of market main bodytake security measures to keep their own specific technological and operational information.In general, market competition is a fight which is caused by trade secrets. It is because thatonce business secrets is disclosed or stolen by others, creditor will suffer heavy losses.Simultaneously, as world integration tendency makes China open to the further expansion, weshould link up with international practice in the aspect of legislative protection of trade secrets.Thus, improving the legislative protection of trade secrets is imperative in China.Up to now, there is no specialized trade secrets law in China. The system of existingrelevant law is giving priority to the Law Against Unfair Competition, while makingCompany Law, Contract Law, Criminal Law, etc. subsidiary. As protection of trade secretsin China started relatively late, many issues still under exploration. From this point, we cansee many legislative defects, inevitably, exists. Also, accompanying law has much to bedesired, without meeting the requirements of the times.Through an analysis on the current situation of business secret protection law in China,while drawing on experience in the commercial secrets of the advanced legislation indeveloped countries, we found that only improving the existing legislation about businesssecrets can we solve the trade secret protection difficulties effectively. Specific measures areas follows. Firstly, make specialized Trade Secret Protection Law. Through this way can theapplication of trade secrets law be unified and enhance operability. Secondly, expand theconcept of commercial secrets as well as the applicable scope. On the basis of the original,content should include management information, etc. Thirdly, add Legal Regulationconcerning Competition Restriction. Fourthly, improve the temporary measures of thecommercial secrets and the regulation of compensation for damages. Fifthly, improve secrecyprovision and the burden of producing evidence in the lawsuit cases. Sixthly, expand criminallaw remedies for trade secrets. Finally, quote the Law Against Unfair Competitionappropriately. Hope the seven concrete proposals mentioned above could offer help forimproving Commercial secrets legislation in the future.