| In recent years, the concepts such as cloud computing, big data and wisdom city hasgradually caught the attention of fellow commons. According to preliminary and incompletestatistics, the problems of protection of trade secrets that cloud computing may leads to areincluding the problems of the illegal usage of trade secrets by the cloud computing serviceproviders, the cloud provider or other entities that have been involved. Besides, the tradesecrets may also be leaked by external malicious hacking attacks or the loss of password byits own users. It should be noted that the definition of the concept and scope of trade secretsalong with the coordination and unity of the jurisdiction in the field of trade secrets protectionin the so-called clouding computing environment as well. From the results of existingresearch, it could be found that the concepts of cloud computing and its safety, the cognizanceof the cloud trade secret, and the way to improve the protection of trade secrets in the cloudcomputing and other problems like that has been researched and concluded to some extent athome and abroad. But, based on the slightly shortage of the existing research and thedispersion and absence of clearance of the existing legal protection framework focusing ontrade secrets, further research and exploration on the protection of trade secrets in the cloudcomputing environment are still needed on the basis of the established legal framework.Based on this, this article starts from the definition and the protection of trade secrets inthe traditional environment, which includes the concept of commercial secrets, the legalsystem of protection, as well as the infringement problems. Then the difficulties in thedefinition of the commercial secret in the so-called cloud computing environment are defined,such as the determination of elements of should not be public knowledge or under whichconditions can make it clear that the right holder has already taken reasonable securitymeasures and other problems like that. In order to make a concrete analysis, such as thecomplexity of the trade secret in cloud computing environment and the infringement problems,this article proposals that something has to be done to expand the definition of the tradesecrets in the cloud computing environment and that it should not be done to change theexisting legal framework about trade secret protection. |
