On The Legal Protection Of Commercial Secrets Under The Network Environment

In the21st century, the development of the enterprise business secrets plays a vital rolein the enterprise is an important safeguard economic interests, especially in the rapiddevelopment of the Internet today, the status of trade secrets has become more prominent,the protection of trade secrets situation also become more severe. In this context， the worldwill be trade secrets into their intellectual property protected. In a network environment， dueto the special nature of the network, so that commercial secrets infringement presents anextremely serious situation, how in the network environment for trade secret reasonable legalprotection can be said to be the subject of a much-needed answers.In this paper, the network environment protection of trade secrets as the center, in thenetwork environment accurately define trade secrets on the basis on the status of their analysisof trade secret protection，the network environment in some developed countries have tradesecret protection experience indicates our network environment under the legal protection oftrade secrets where the problem lies, and foreign law by protecting contrast, the conclusionthat perfect views.In this paper，the overall total of four parts.The first part is an introduction section. Mainly on the background, purpose and meaningare discussed to construct the basic ideas and the overall idea of the wording of this article.The second part，the notion of commercial secrets do detailed resolution. Trade secretsrefers not known to the public, can bring economic benefits to the right people, and takepractical technical information and management information security measures by the rightpeople. This information because of its particularity， it should avoid leaks, or illegallyobtained and used for commercial purposes. Existing laws in China，the trade secrets into twocategories: technical information; management information. Analysis of its constituentelements can deepen the understanding of its meaning trade secrets，this paper argues,Elements There are three main trade secrets; secret, value, confidentiality. Then on thenetwork environment means infringing trade secrets and characteristics have been elaborated，which are very different to traditional forms of trade secrets infringement tools and features. In the final part of this, by the philosophy of law, management, the network environment fortrade secrets abstract style theoretical analysis, by the appearance of understanding the natureof the problem.The third part，on the legal protection abroad for analysis. Including the interpretation ofthe legal status of the network environment to protect trade secrets and flaws of our country,which is part of the author ’s ideas were analyzed longitudinally through the extension of theformer era, introduction of the constant changes on the legal protection of trade secrets underthe network environment, in fact, can also be seen under the network environment of tradesecrets relating to the legal protection of the continuous follow-up, after our existing legalprotection system, find defects, and make a profound analysis. After some developedcountries such as USA, Germany, Britain, France introduced legislation to protect existingcontent，by introducing different national systems, you can also learn from the experience ofcountries already outstanding. The last part of this chapter through the different branches oflaw, such as the direction of the Civil Code, Criminal Law direction, administrativedirection, the legal protection of foreign comparing objective optimization draw conclusions.The fourth part，based on the first three parts, to improve the working environment ofour network under the protection of commercial secrets rationalization proposals. Thissection is divided into four points: the legislative, judicial, law enforcement，business itself.Protecting the body from every angle， and to provide a set of realistic and reasonableproposals.