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Legal Research System Of Protection Of Trade Secrets

Posted on:2014-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LvFull Text:PDF
GTID:2266330422452578Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of economic globalization, trade secret isplaying an increasingly important role in the survival and development of enterprises.Under the conditions of market economy, in order to gain a competitive advantageand enhance the market position, the enterprises tend to invest a lot of manpower,material and financial resources for the research of new technology andinformation,these technologies and information are the manifestations of trade secrets.Trade secrets can bring unique market opportunities to the enterprise, It can helpenterprises to get a leading or even monopoly position in a particular area. Ifcompetitors access to the trade secrets,they can rapidly improve their competitiveness,so there is a growing number of infringement cases for trade secrets. But the power ofenterprise is limited, companies can not effectively curb infringement about tradesecrets,so we need the help from the law. Although china has some existing laws thatbe used to protect trade secrets,but these legal provisions are scattered and notdetailed, their operability is not strong in judicial practice,so china urgently needs thesystematic legal protection for trade secrets.This article based on the rule of law inChina’s current situation,and learn from the experience of other countries,so we canexplore the legal protection of trade secrets from the point of view of systematization.This text introduced the idea about legal protection of trade secrets,it indicated thatembracing the counter force of property right is the important task of the non-criminallaw,and non-criminal law protection and criminal law protection are complementaryrelationship,in the field of non-criminal law,we need to put the protection of propertyrights as the basis,improve and perfect non-criminal law system of trade secrets,inthe field of criminal law,we need to confirm the standards of criminal prosecution, andperfect the criminal protection system of trade secret.all in all,we should perfect thelegal protection system of trade secrets,and safeguard the legitimate rights andinterests of the owners.
Keywords/Search Tags:Trade secrets, Systematism, Legal protection
PDF Full Text Request
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