Legal Protection System And Its Perfection Of Trade Secret In China

The successful premiere of the large-scale landscape performance “Impression · Liu Sanjie” co-directed by Zhang Yimou,Wang Chaoge,Fan Yue in 2004 has set off a wave of large-scale landscape spectacle in China.Almost every famous scenic spot has its own real performance project.The “Foyu” case mentioned in the beginning of this paper is a relevant dispute regarding the commission design of large-scale landscape performance projects.The most important issue in this case is that under the framework of the existing copyright law system,the rights of the creator of the landscape performance can not be protected through copyright.Therefore,we seek to protect it through trade secret under the civil law system.This paper analyzes two similar cases which used trade secret to protect their legitimate rights,the "Chinese women's music Square" case,"a company in violation of information disclosure obligations" case and come to the conclusion that the the protection of trade secret under competition law,especially under anti-unfair competition law has made more progress than the protection under civil law,but at the same time,this protection also has its defects.Then the paper analyzes the relationship between copyright law and anti-unfair competition law from the perspective of trade secret protection.By analyzing the substantive law differences between the above in the applicable subject,value orientation,function and maintenance law and other and the procedural law differences in adjustment methods,legal liability,this paper holds the view that the anti-unfair competition law is more comprehensive in protection of trade secret.Then,the paper uses the theory of economics and the basic principles of economic law to analyze why the trade secret should be protected by the anti-unfair competition law.By analyzing the nature of trade secret and the effect of positive externalities,the necessity of competition law protection is explained and by analyzing the basic principles of economic law,it further explains the rationality of protecting trade secret by anti-unfair competition law.Finally,with the theory of “cost – benefit” in economics,this paper analyzes how the stipulations of the anti-unfair competition law can enhance the illegal cost of the violator and reduce the possibility of the infringement.Finally,based on the above analysis of case and theories,relevant suggestions are made to improve the protection to trade secret under anti-unfair competition in order to facilitate the improvement of China's protection for trade secret.