On The Construction Of The Ban On The Protection Of Trade Secrets In China

The special feature of commercial secret makes it possible that infringing torts always maintain a dynamic and continuous state.For example,the infringer does not put into practice after illegally obtaining commercial secrets,but it can not exclude the possibility that he uses this commercial secret in the future and competes against the infringed which could bring irreparable injuries to the infringed.Under this circumstance,it is urgently needed to introduce the injunction relief system which can ensure the prior restraint and afterwards relief because the way of afterwards relief mentioned in the Anti-Unfair Competition Law in China can not fundamentally protect the legitimate right of the infringed.The injunction system on commercial secret can not only make up the practical,continuous or repeated losses,but also prevent the potential threats,and is widely adopted by two big law countries.Meanwhile,individual country has developed specific rules of law which are suitable for each country’s actual conditions and legal system.Therefore,China can grasp the chance of enacting specific regulations on trade secret and introduce the injunction system,in order to better protect trade secret,encourage invention and innovation,and maintain the fair and healthy competition order of the market.Through analyzing relevant literature about the injunction system on trade secret,this paper will be divided into four chapters which will cover the following contents.It talks about the origin and the developing paths of the injunction system,and focuses on the introduction to different types and applications of the injunction system in two big law countries.Realizing the defects and inadequate legislation of Chinese injunction system,the author makes suggestions on building an injunction relief system on trade secret with Chinese characteristics,and elaborates the necessity,feasibility and specific advice of establishing this system in detail.By the use of comparative and empirical studies,this paper will conduct a research on the value of the injunction system from different perspectives,and try to put forward rational suggestions on establishing the injunction system on trade secret,in order to fill in the legislative vacancy of Chinese injunction system on trade secret.