Research On Whistleblower Immunity System In Trade Secrets Protection

Immunization for whistleblowers,an important perspective of modern trade secrets protection,is an infringement exception for the whistleblower to disclose trade secrets.At present,although China has formed a basic legal system for the protection of trade secrets centered on its Anti-Unfair Competition Law,involving many relevant laws and regulations,exemption of informants remains a state of blank in China,both in legal practice and at the legislative level.The Defend Trade Secrets Act of 2016(DTSA2016),the latest federal trade secrets legislation in the United States,as well as the Trade Secrets Directive adopted by the European Union in 2016 explicitly include whistleblower immunity,which demonstrates the importance of such system in relation to the protection of trade secrets.Such European and U.S.legislations can shed light on similar legislation in China.By focusing on whistleblower immunity,this article attempts to systematically expound such immunity system through historical research method,case analysis method,comparative analysis method and legal philosophy analysis method.Through analyzing other jurisdictions' statute language,legislative history,legal basis,application,etc.with respect to whistleblower immunity,this article also puts forward relevant suggestions for establishing and improving whistleblower immunity in China.In more than 30,000 words,this article analyzes whistleblower immunity through five main sections besides an introduction and a conclusion.The first part mainly introduces the historical evolution of whistleblower immunity.This part discusses the background of the system,then gives a brief overview of its historical development(including its U.K.origin and subsequent application in the United States and Europe),and finally summarizes the system's status today.The second part focuses on the legal basis of whistleblower immunity and discusses the system's basic principle of public interest protection.It investigates such system's value,then introduce the Brown&Willamson VS.Wigand Jeffery case to analyze the basic principle of public interest protection,to analyzes the necessity of implementing whistleblower immunity in the protection of trade secrets.The third part focuses on the analysis of the scope and application of whistleblower immunity.As whistleblower immunity is to balance between private interests and public interests,the principle of proportionality should be carefully followed when implementing the system.Whistleblower immunity is also subject to certain restrictions.The whistleblower usually may only informgovernment agencies,attorneys or judiciaries under seal.Under these conditions,whistleblower immunity may be used to curb criminal activities without sacrificing the interests of trade secret owners to a large extent.The fourth part walks readers through certain foreign jurisdictions' whistleblower immunity.Through a recent case involving,it dissects the U.S.DTSA and introduces the qui tam rule.It then introduces European countries basic principles and practical experience in relation to whistleblower immunity before giving a synopsis.The fifth part mainly analyzes whistleblower immunity under China's trade secret protection and makes recommendations regarding how to create and design whistleblower immunity in China,firstly summarizes the status of China's trade secret protection legislation,considering the specific situations of China,analyzes the necessity and risk of implementing whistleblower immunity in the protection of trade secrets in China.Then discuss how to implement the system in China(including establishing reasonable criteria for invoking the immunity),how to motivate and protect whistleblowers and how to establish a procedure for whistleblowers to rely upon.