The Research Of The Protection Of Trade Secrets Based On The Anti-unfair Competition Law

Trade secret is the core competitiveness of enterprises, and these commercial secrets leaked, can bring incalculable economic loss to the rights owner. Therefore, the legal protection of trade secrets has become very necessary. Since reform and opening up, our country also issued relevant laws to protect commercial secrets and continuous development and perfect of the laws. But due to some characteristics of the commercial secret, at present, the protection of commercial secrets of the legal system is still unable to fully protect the interests of the rights owner, including anti-unfair competition law, and the legal system to perfect it is critical. Through the analysis at present some new characteristics of the commercial secret, take example by some developed countries to protect commercial secrets of the various laws and regulations, the current anti-unfair competition law of our country is analyzed, found that there were some defects. In the real environment, the infringement of commercial secrets of the subject is too narrow, the definition of business secret and the definition of the legal attribute of power attribution is not clear. After the infringement of the infringing party degree of punishment too light, the economic loss to the right side. In electricity environment, due to the rapid development of Internet, the protection of commercial secrets is too principle, makes the commercial secrets of the infringement behavior of difficulty is greater. Access to the commercial secret infringement evidence is not clear enough, and the lack of proper supervision departments of commercial secret is obvious. Aiming at these defects, to the real environment for its business secret protection, it is necessary to broaden the definition of trade secret infringement main body in the law. The definition of business secret must be clear and the law attribute of infringement behavior punishment should be on the basis of the traditional compensatory damages when increasing the number of punitive damages. And in the electricity business environment, the scope of business secret protection should be appropriately expand in law. In the tort litigation process, the method that shifting burden of proof should be appropriate. The evidence in electronic commerce and Internet environment should also be clear. In order to reduce the happening of the commercial secret infringement the relevant departments should intensify supervision and law enforcement. Also convenient at the time of the right holder has a demand to quickly investigate and deal with commercial secrets infringement behavior, the better to protect the legitimate rights and interests of the holder will not be infringed.