The Study Of Commercial Secret Protection Problem

As a part of the intellectual property, commercial secret is also the most importantintangible asset for enterprise. It can not only bring the enterprise considerable economicbenefit, but also help it win the initiative in the fierce competition. At present, with thedevelopment of market economy, different kinds of unfair competition events emerged inendlessly, for example, attacking the commercial secret. How to take measures to protect thelawful rights of commercial secret obligee becomes a problem，which is needed to be solvedurgently.First of all, this article in view of the situation of our present judicial practice in theinfringement of commercial secrets, based on reading a lot of commercial secret infringementcases published by the Supreme People’s Court. On the basis of these cases, the writer tries tomake more scientific classification and sorting, and combined with the specific cases, thewriter makes typed analysis. Second, through a combination with classic cases to discuss theapplication of commercial secret infringement in the specific cases, put forward the problemsneeded to be noticed, reveal the aspects can be replenished and developed through the casesof the supreme people’s court communique. At last, develop uniform commercial secret lawand the management regulations of flow talent, improve and perfect Prohibition of businessstrife, punitive damages, the burden of proof property protects congruent system and so on, inorder to improve the protection measures about commercial secrets.