Trade Secrets Legal Protection System In China

Enough commercial secrets to the holders of a huge competitive advantage, especially in the increasingly competitive market economy, gradually become key factors to win. Has a variety of commercial secrets infringement cases gradually increased, the special legislation for trade secret can effectively protect the legitimate rights and interests of the holder, stable domestic market competition order, and to ensure innovation driven strategy and promote the rule of law is of great significance. The developed countries in the world are mostly by making a special business secret method or the correlation method of the legal protection system, and formed the relevant theoretical basis, the judicial practice experience. Through anti-unfair competition law and other laws in our country at present the common legal system of protection of commercial secrets exist great shortcomings, does not apply to the judicial practice, this kind of protection mode is no longer suitable for our country’s specific national conditions, urgent need to establish special laws involving trade secrets infringement of regulation. Domestic experts have also called for special business secret protection law, actively perfect relevant law system to ensure healthy development of market economy in our country.In this article, through analysis of domestic legislation to protect defects, draw lessons from international advanced foreign legislation and judicial practice experience, trying to build by focusing on legislation for our country development present situation and used for the protection of business secrets law mode, this also is the author of a new attempt.