Study On Standards Of Take Reasonable Measures In Trade Secrets Laws Of China

Although it has been accepted that trade secrets are properties in the world nowadays.But judges and lawyers are still like to treat trade secrets just as obligations by contracts or confidential relations in China.The problems include reductions of plaintiffs and additions of defendants —— former employees are punished only because of the confidential contracts with former employers who have not taken any others reasonable measures to maintain the secrecy of the information at all.So,it is necessary to analysis the nature of trade secrets and the importance of taking reasonable measures to maintain the secrecy of the information.And the conclusions of the thesis are: 1)the trade secrets are properties which are confirmed by law,although such properties have no shape and weight,and the nature of trade secrets are not information but innovative intellectual property;2)Trade secrets rights are existed on trade secrets,and trade secrets come into being just by the reasonable measures to maintain the secrecy of the information.3)The standards of reasonable measures include: a)Identification of trade secret from beginning and not changed,otherwise a new property will be created;b)The measures should be taken continuously,unless the plaintiff could prove that the information is still secret during the intercourse,but it is extremely hard if the defendant has known there was an intercourse;c)The measures should be a system and have no preventable weaknesses.