The Studies On Reasonable Measures To Protect Trade Secrets

With the advent of knowledge economy and information society,the protection of intellectual property rights has attracted close attention by all countries.Trade secrets bring great returns to the owner while also facing an increase in the risk of unlawful infringement.Due to the special attributes of trade secrets,once leaked,will have irreversible adverse effects on the right people.So the management of trade secrets is essential.But in recent years,with the increasingly phenomenon of infringement of trade secrets,the case is getting more and more complex,the existing security measures in the actual operation has shown many problems and deficiencies.So,what kind of security measures is reasonable? How should the law set up reasonable security measures?In order to find out the standard of reasonable security measures,it is necessary to clarify the role and status of the reasonable security measures in the constitutive elements of trade secrets,and the theoretical basis for the law to stipulate reasonable security measures.On this basis,the standard of reasonable security measures is discussed from the two aspects of the right holder of trade secrets and the obligor who undertakes the duty of confidentiality.Although the trade secrets in the world are relatively new issues,but other countries on the legal protection of trade secrets have been more perfect,so it is necessary to conduct legal transplantation,and learn from foreign advanced practice.Therefore,it is also necessary to study the relevant foreign regulations.Through the study of the reasonable security measures of trade secrets in the United States and Japan,it is found that the two countries’ laws do not provide the standard of absolute reasonable security measures,but the principles of security measures and the minimum standards worthy of our reference.By combining the typical cases of trade secrets in recent years,analysis the shortcoming of the current security measures in the actual operation.It is necessary for us to set up a separate trade secret protection law,and to set up the minimum standard and complete system of the reasonable security measures.