Legal Research On Enterprise Business Secret Protection

With the continuous development of market economy, trade secrets have an increasingly important value. All countries in the world gradually become aware of the importance of protecting trade secret laws. International treaties, national legislation have strengthened their legal protection of trade secrets. The legal protection of trade secrets in China started late. We even don’t have a separate legislation to protect trade secrets. Western countries are generally value the legal protection of trade secrets. Japan and the United States are quite representative in the aspect of protecting trade secrets as the typical countries of civil law system and common law system respectively. Therefore, this paper will briefly describe the identification and protection of trade secrets in TRIPS agreement, and how to identify and protect trade secrets in the laws of the United States and Japan firstly. Then, on the basis of introducing China’s current status quo of legal protection of trade secrets, it will analyze there is what kind of problems in the identification of trade secrets and the legal protection of trade secrets in our country highlighting a few representative cases in practice.In today’s China, the legal protection of trade secrets is mainly in the "Anti-Unfair Competition Law". And the protection of trade secrets is also involved in the Labor Law, Criminal Law, Contract Law and Company Law. Although it is quite clear that trade secrets are protected by laws, the protection of trade secrets is not as effective as we expected due to various deficiencies and problems of laws and regulations. Even, we can say that in practice, cases of trade secrets violation are rampant. This paper will try to explore ways to improve our trade secrets legal protection from the aspects of the identification of trade secrets and the legal protection of trade secret.In the aspect of the identification of trade secrets, although there are provisions for the identification of trade secrets in legislation, cases of violation of trade secrets occur frequently in practice because of the narrow scope of the subject of right, object and subject of infringement in the provisions of our laws of trade secrets protection. Besides, in practice, from the point of view of the legal protection of trade secrets, there are certain problems and shortcomings in the aspects of confidential relationship establishing conditions, time limit of confidentiality obligations in confidentiality agreement, the cost of illegal violation of trade secrets, as well as trade secrets protection system during the litigation procedure, which need to be perfected in order to provide better and more comprehensive legal protection for corporate trade secrets.Currently, in our country, the enterprise’s own awareness and level of trade secret protection are far from adequate expect the insufficiency of protection of trade secrets in legislation and administration of justice. This paper will sum up there is what kind of problems in the protection of trade secrets in the aspect of enterprises themselves through the analysis of cases of trade secrets violation and trade secret protection in practice.Finally, for the problems mentioned above, the author will put forward opinions and suggestions in order to improve trade secrets legal protection of our country.