Analysis Of Recognition Standard Of Trade Secrets

With the rapid development of economy,trade secret has become an core resource in economic competition.The good development of trade secret can stimulate the enthusiasm of R & D innovation,promote the rapid development of economy and technology,and benefit the national comprehensive strength.The society pays more and more attention to the protection of trade secrets.Operators want to protect all valuable information they own,while market competitors who do not have this information wish to disclose valuable information of other operators.Trade secrets can be brought Profits are coveted,and some take illegal means to obtain trade secrets for huge profits or other purposes.This not only infringes the legitimate rights and interests of the right holders,but also dampens the R & D's initiative to develop and innovate.In the long run,the development of society,economy and technology will be adversely affected.Whether it is to protect valuable information as trade secret,or to judge whether the person who covets other people's information or not,it can not be separated from the determination of trade secret.Determining what kind of information constitutes the trade secret in the sense of law is the reference of how the operator manages his own information,and it is also the judge to judge whether others have it.The premise of infringing on trade secrets.China pays more and more attention to the protection of intellectual property rights,the creation of a fair and honest business environment,and the legal protection of trade secrets.There are nearly 200 laws,administrative regulations,departmental regulations,judicial interpretations and local normative documents concerning trade secrets in China,of which 13 are major laws and regulations.The legal and judicial interpretation of trade secrets has been identified in more detail,but in practice the situation is diverse,the law also has a certain lag.There are also many papers and books on how to protect trade secrets,how to protect their rights after trade secrets are infringed,and how to determine the loss after trade secrets are infringed,but several There are no books and papers to discuss how to protect trade secrets,the premise of trade secrets rights-how to identify trade secrets.The first chapter introduces the connotation and legal basis of business secret,sorts out the current laws and regulations of China relating to how to identify business secret,discusses the protection scope and constituent elements of business secret,explores the theoretical basis of business secret,including property right theory,contract theory,tort theory and anti-unfair competition theory.From the 2nd to 4th Chapter,explains the various constituent elements of business secret under The Existing Legal Framework of China.Combining with theory and practice,expatiation is made on the the relationship between privacy and novelty of business secret,the objective feature and relative feature of privacy;the connotation,embodiment and independence requirement of value;the necessity of confidentiality,the relationship between confidentiality and privacy,the rational standard of confidentiality.Finally,the author summarizes the characteristics required of the information that can be protected as a business secret.