Legal Protection Of The Rights Of Trade Secrets Conflict Studies

With the aggravation of the market competition, business secret as a kind of legal right gradually be taken seriously. But the protection of business secret rights conflict in the process of seriously affected the healthy and stable market competition order. This paper discussed the performances and causes of the conflict of legal protection of business secret rights, combined with the successful foreign legislation experiences, trying to solve the problem of judicial practice in china. The full text divides into the introduction, body, conclusion of three parts. The text consists of the following four chapters.The first part is the basic theory of the business secret and business secret rights. First two summarizes the concept and characteristics of the business secret and business secret rights and right attribute, using historical analysis method, on the whole of business secret and business secret rights. The essence of the third section expounds the rights conflict theory and principle, resolution for business secret specific rights conflict resolution to lay the theoretical foundation.The second part is the legal protection of business secrets of the manifestations and causes of the conflicts of the rights. Described and the cause of the conflict is analyzed in this part of the right of commercial secret and workers the right to choose their own jobs, the consumer’s right to know and investor knows the right conflict.The third part is the legislation practice of conflict of legal protection of business secret rights abroad and Its Enlightenment to china. This part expounds the main countries of two legal systems (UK, USA, Germany, Japan) to the problem of mature experience and practices and legislation and Its Enlightenment to china.The fourth part is the principles and suggestions to solve the conflict of rights protection of trade secret law in china. First of all, the conflict to protect the rights of trade secret law of our country to solve the three principles. That is the whole social values and principles, the overall interests of society and the prohibition of abuse of rights principle and common suppression principle. Secondly, the conflict to protect the rights of trade secret law to solve our country’s advice. Analyzes the necessity of the formulation of a unified "business secret protection law" and put forward specific legislative proposals. Combined with its own characteristics and the characteristics of workers the right to choose their own jobs, the consumer’s right to know and the investors the right to know the three kinds of legal rights, put forward to perfect the system of prohibition of business strife, additional punitive standard, grasp the moderation of specific proposals and ideas of information disclosure, in order to protect the commercial secrets of the theoretical research and judicial practice helpful.