Research On Injunctive Relief System Of Trade Secrets In The United States

Trade secrets become an important asset in the rise of knowledge economy.There is a huge economic value with trade secrets,which makes it a major concern of the international community.As the most powerful nation of science and technology,system of trade secrets in the United States is developed,with complete legal relief system.And the injunction relief as the first big relief in the trade secrets infringement is particularly perfect.The injunctions in American are divided into three types,namely,temporary restraining order,preliminary injunction and final injunction.In the application of the time,they are successively before litigation,in litigation,and after the ruling.Perfect injunctive relief system both protects the business secret rights of the righter,and safeguards the legitimate interests of the respondent.TRIPS agreement established the basic framework and minimum standards of trade secrets injunctive relief system.But due to the distinction of "automatic" and"automatic" in international treaties,the TRIPS agreement in the United States does not have the directly applicable effect in principle,which should be transform-ed into domestic law to apply.Compared to the TRIPS agreement,the United States trade secret injunctive relief system standard is higher,with obvious TRIPS-Plus features,and presents the new development trend.Firstly,the legislation in trade secrets tends to be unified,differences of injunctive relief system states is narrowing;Secondly,the expansion of the "inevitable disclosure" doctrine leads expansion of injunctive relief;Thirdly,perfection of injunctive relief procedure strengthens the protection of trade secrets.New development of the trade secret injunctive relief system strengthens the international protection of the trade secrets,and will affect the establishment of a new round of international rules.At the same time,the high standard of protection in the America will cause our investment and trade more legal obstacles and barriers,and makes new challenges on the trade secret protection and enforcement in our country.Therefore,on the one hand,we should draw lessons from American experience,carefully build injunctive relief system in our country,and perfecting the legal system of trade secret injunctive relief system,and strengthening the protection of commercial secrets;on the other hand,we should actively cope with new challenges of the international intellectual property,and strengthen the speaking right of international rules making.