Research And Analysis Of Bona Fide Third Party System Of Trade Secrets

With the development of China’s socialist market economy, the intellectual property is playing an increasingly important role in promoting social and economic development and technological progress and so on. Trade secrets become another important part of our intellectual property legal system since the patent and copyright trademark, and the number of trade secrets infringement cases have shown a rising trend in recently years, and the subject matter involved in the case are increasing, which has increasingly evident collapsing power and impact on the social economy. However, it is still a new topic to determine the liability of bona fides third party of trade secrets in China. The practical activities which relate to trade secrets have encountered many difficult problems as well as many issues of theoretical research need to be explored in deep.The paper proceed from the concept of bona fide third party of trade secrets, referencing the experience and theory systems of bona fide third party in the world’s major developed countries. Combining with the present China’s status of commercial secrets bona fide third party system, and the current practice of trial experience, the paper discusses deeply the definition of bona fide third party of trade secrets, the constituent elements, the right of defense and legal remedies and other issues. At the same time, it presents some institutional design to improve the tort relief system of trade secrets.The paper is divided into four parts. Firstly it discusses the definition of trade secrets and bona fide acquirement, and comes to the concept of bona fide third party system of trade secrets. Secondly, through the analysis of disputes of bona fide third system of trade secrets in theoretical cycle, it analyses and exposes the time standard of bona fide and third party liability qualitative issues separately. Thirdly, the use of comparative research method describes the status of national legislation of commercial secrets bona fide third party system in different countries, and summarizes the advanced judicial experience of western countries. Fourthly it aims at the current situation of China’s commercial secrets legislation of bona fide third party system, and analyses of China’s current legislation deletion of bona fide third legislation, and combining with real case of trial practice, the paper simply outlines the qualitative problems of responsibility of bona fide third party. Based on above analysis and referencing the useful experience of foreign countries, this paper presents a number of legislative proposals to improve our trade secrets of bona fide third party system, in order to form effective legal remedies of bona fide third party of trade secrets.