Research On Legal Issues Of Trade Secrets

The commercial society plays as a social foundation of market economy. In a fierce andcompetitive environment, business information vary from minute to minute, meanwhilecommercial opportunities occur from time to time in everyday business activities. Undersuch circumstances, commercial secrets have gradually become a ‘secret weapon’ forbusinessmen chasing profits. Eventually, law turn to approve and regulate commercialsecrets. In this paper, the author mainly adopts the method of empirical research, and themethod of value analysis as a supplement. In the first chapter, the author focuses onconcept comparison with an intention to answer a prepositive question——‘what iscommercial secret?’ Mainly, the gist of this chapter relys on the legal characters and rightanalysis of commercial secrets. In the second chapter, the author endeavors to find out thereason ‘why should law protect commercial secrets?’ by applying legal competitive theoryto the protection of commercial secrets. In the third chapter, the author compares differentlegal systems trying to answer ‘how to protect commercial secrets.’ Finally, the author willreturn to the construction of legal regulation in mainland China, and analyze the the legalprotection of commercial secrets with a competitive legal point of view. We can concludethat the purpose of competition legal protection of commercial secrets centers on puringbusiness ethics and maintaining market order. Our country is in the initial stage of marketeconomy, and the number of commercial disputes are growing, we must establish asystematic competitive legal system to protect commercial secrets in China by resorting tosubstantive and procedural law.