Research On The Trade Secret Protection Of Customer List

Since the reform and opening up,with the rapid development of our socialist market economy,trade secrets have gradually become the focus of the society and enterprises.The commercial secret infringement case of the client list is one of the many cases of commercial secret infringement.In practice,it is a complicated situation in the dispute of commercial secret infringement.Because our country laws and regulations to protect commercial secrets of the respective distribution in different legal department,plus the anti-unfair competition law is too simple in the customer list of trade secret infringement,the lack of maneuverability,which often occur in practice some of the same facts to produce different recognition results.About resolving customer list,therefore,the infringement of the protection of business secrets,need to fully draw lessons from foreign legislation,and then sum up the experience of customer list business secret protection in China.This paper is a small attempt to study the commercial secret protection of the client list according to the above ideas,and then analyze the commercial secret protection of the customer list from four perspectives.The first part,introduced the protection of customer list should in accordance with legal norms as the prerequisite.First of all,the concept of customer list is elaborated,and the customer list is emphasized as the legal category of trade secret protection.Then,analyze the customer list commercial secrets of the unique features,such as the value of customer list,performance in customer list itself has economic value,it is also people after a hard work to get.One of the features of the customer list is that the client list is not directly accessible from the public or other people,and its difficult acquisition process illustrates the characteristics that it is not known to the public.In addition,the confidentiality of the client list is also manifested as the right holder to take reasonable security measures to the customer list.Finally,the customer list is summarized as the standard for the protection of trade secrets.By enumerating the specific cases,this paper expounds the standard of the customer list to constitute the trade secret,highlighting its value,secrecy and other characteristics.In the second part,it mainly aims to protect the status quo of the overseas client list,and then clarifies the current shortage of the trade secret protection in our country.It is of great significance to discuss and learn the foreign advanced customer list trade secret protection system.Select some representative countries from the continental law system and the common law system to learn about the protection of the trade secrets of other countries in the world.America's laws on trade secrets are the most developed in America,compared with those in other countries.In the third part,it analyzes the deficiencies of the commercial secret protection of the customer list in the current law of our country,such as some provisions in our country's laws that are too simple to generalize the infringement behavior of the client list,so that some infringement cases can be solved without specific operability.Laws and regulations of our country for trade secret protection law system is mainly manifested in "the anti-unfair competition law," but the law on the customer list business secret protection is not comprehensive,and the business secret protection of the customer list in the country is a problem in the aspect of determination,compensation standard and legislation.In the fourth part,according to the above discussion,we can know the problems existing in the commercial secret protection of China's customer list,and then put forward some solutions to improve the judicial protection of the trade secret of our customers' list.When meet again about customer list commercial secrets infringement dispute case,to ensure the accurate judgment,and can be effective for those commercial secrets infringement,safeguard fair competition,maintain customer list business secret law to protect the healthy development of promote the smooth development of the socialist market economy.