Research And Balancing On The Conflict Of Right Of Trade Secret And Public’s Right To Know

Right of trade secret is a exclusive right which the holder of tradesecret has。A trade secret can bring an apparent and competitive benefit or anpotential one to the holder. Public’s right of know is a right of the people have theright to understand most information refer to their benefits and themselves. We canfind many conflicts between these rights in the reality.There are many reason canaccount for this conflict. we can conclude that the two legal rights’ bound is notclear and cross-bounded in some areas and articles of laws. we also an detectthese right represent different sides’ interests. Specifically, the holder of trade want toguard the competitive interest of enterprise. on the other hand, for the need ofprotection of people’s health and property, people want to know more informationof product and relevant companies. This paper mainly concern on conflicts whichhappened on Securities field and commodity field.through Analysis of the conflictsbetween the right of trade secret and the public’s right to know, writer try to detect thereason behind this conflict and promote some way to weight two interests and benefit,helping to find how to solve this conflict.The overall framework is as follows:The fist section mainly describe the definition and content of the right oftrade secret and the public’ right to know.The second section discuss the phenomenon of conflict between theright of trade secret and the public ‘rights to know in different fields. thispart also make a Analysis theoretically on why we need protect each right.The third section find some key elements when judging which interest maybe prior, through balancing the different interests in the formula. At last, this paperpropose some principle to address the conflict.