The Study On Reverse Engineering Of Business Street

The reverse engineering of business secrets comes from the United States,which means the process of dismantling,analyzing and studying the products obtained from the public channels through technical means.As one of an important means for enterprises to get information technology,especially the business secrets,most enterprises have paid much attention,in practice,to the reverse engineering.In 2007,the Supreme People's Court promulgated the "interpretation of several issues concerning the application of law in the trial of unfair competition cases" affirmed the effectiveness of reverse engineering,admit that the practice of reverse engineering to obtain trade secrets is not infringement.This is a major progress in the system,to promote the technological development of enterprises and the improvement of the system of trade secrets has a profound impact.However,the law does not clearly defined the “improper means”,therefore,there is still a big gap in the research of reverse engineering in China,compared with the developed countries.Therefore,it is of great practical significance to study the reverse engineering in theory.This paper based on the reverse engineering of China's current situation,that some countries or regions,rules about reverse engineering comprehensive case analysis,in-depth analysis of factors of "Prohibition of reverse engineering terms" effect,to provide reference experience for the implementation of the reverse engineering in china.This paper is divided into four parts:Part 1: Through the court cases of the reverse engineering,analyze the present situation of our current system of reverse engineering,the reverse engineering in our country at present in the judicial practice there are three main problems: the difficulty of identification of cleaning-conditions and reverse engineering product problems,legal sources.Part 2: Through the comparison of some countries and regions that rules about reverse engineering,such as the legislation of civil law countries and common law countries,the provisions of the EU and international organizations,compared with China's legislative system,come to our country at the present stage of reverse engineering legislation is not perfect,although each country has different Provisions on reverse engineering,but the main for its consideration of the three factors.Part 3: By combining the domestic and foreign different judicial precedent,the "clean room" principle,legal sources and product reverse engineering identification difficulty were analyzed,the specific situation should be paid attention to in the judicial application and how to reverse engineering legal validity.Part 4: In this part,the author discusses the hot issues of reverse engineering clause in reverse engineering,and analyzes its rationality through the practice of the United States,the European Union,the United Kingdom and the legislation.Through the analysis of its causes and purposes,this paper discusses the function of the real economy and the influence of the intellectual property law system under the framework of trade secret,so as to draw the conclusion that it should be invalid.