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Comparative Study On The Legal System Protecting Trade Secret Between China And Mexico

Posted on:2016-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y M ZhuFull Text:PDF
GTID:2296330461459264Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Based on exploring Sino-Mexico trade secret protection legal system comparative study of blank of part of the territory and providing some consideration about the Mexican Legal System of trade secret information for business, personal and relevant research in the field of China’s investment in Mexico, this paper, using the basic theory of civil, commercial law and economic law as the basis, taking comparative law as a research tool, works of the scholars of the two countries as references, makes a comparative study on the legal system of Sino-Mexico trade secret protection.Through the identification of bilateral trade secret legal concept, constitution docu ments, legal scope, and infringement of commercial secrets as well as the comparison of the two commercial secret infringement on legal relief system, the paper tells the difference between Sino-Mexico trade secrets of the basic legal issues, summarizes and analyses the trade secret infringement and legal relief system, and some suggestions are put forward for the improvement.The Mexico trade secret definition of “mandatory case law” interpretation system, constitute elements unique curing and know-how rules, including the legal scope of dynamic changes to adapt to the realistic demand characteristics are described in details. Making the Mexico criminal law in “the crime of divulging secrets” and commercial secret infringement relief system in the information division, into the restricted area, commercial secret infringement secondary damage prevention system as the breakthrough point, the paper makes an important research.The innovation of this paper:China "trade secrets law" should be developed, and during the legislative process of separate laws and considering the balance of our country trade secret protection the interests of all parties and increase the commercial secret protection in advance of legal provisions, the establishment of laws and regulations of the commercial secrets of reverse engineering, adding curing of trade secret legal provisions, clear the protection of business secrets in our country administrative subject for law enforcement. Trade secret litigation activities in secrecy rules should be developed. Establishing specialized courts or special courts jurisdiction mechanism as the core measure, we should improve the judicial system of the protection of business secrets in China.
Keywords/Search Tags:The trade secret, China, Mexico, Protection, Comparison
PDF Full Text Request
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