Research On The Relevant Issues Of Property Of Trade Secrets From The Perspective Of The Evolution Of Intellectual Property

Due to the understanding of the nature of trade secrets directly determines the specific form that legislators take in protecting trade secrets,the issue of the nature of trade secrets has always been a topic that scholars cannot get around when discussing about the protection of trade secrets.There are existing two viewpoints on how to correctly understand the nature of trade secrets: on one hand,someone is reckoning that the essence of trade secrets is a legal interest owned by the owner of trade secrets,so the protection of trade secrets by law should be embodied in concrete actions such as the law's regulation of unfair competition or the violation of contracts.On the other hand,the other view is that there is no essential difference between commercial secrets and traditional intellectual property.Therefore,legislators should assign property attributes to commercial secrets and protect them to the same extent as copyright,patent right and trademark right.As for how to view the property of trade secrets correctly,the author believes that we can find inspiration in the process of the evolution of intellectual property.In fact,the modern intellectual property system as we all know,it was not form in a short period of time,but actually went through a long process of thinking and practice.Since the latter half of the 19 th century,when British scholars and judges began to think about literary property,questions about the property of intellectual achievements,such as works,patents and trademarks,have become the main topics for people to discuss how to protect intellectual property at that time.Through the investigation of the process of the evolution of intellectual property,we can find that people's questions about the propertization of intellectual achievements are mainly derived from three aspects: namely,the justification of intangible property,the confirmation of intangible property and the consequences caused by the establishment of intangible property.However,in the process of the propertization of various kinds of intellectual achievements,the international treaties,modern registration systems,changes in concepts and practical practices,which have played an important role in the evolution of intellectual property.After we link these problems and factors with the commercial secret,we have found that the commercial secrets in theory has possessed the possibility of propertization: from instrumentalism's theory of intellectual property,combined with analysis about the right boundary of trade secret,we can treat trade secret as intellectual property such as trade mark or patent.Another important enlightenment from the evolution of intellectual property is that the establishment and change of laws on intangible property in the pre-modern law are often accompanied by the color of pragmatism: legislators in the 19 th and 20 th centuries would make corresponding adjustments to the legislation on intellectual property according to the specific needs and practices at that time.Therefore,from a macroscopic perspective,the evolution of intellectual property system is always in a dynamic process.Therefore,from a macro point of view,the evolution of intellectual property system is always in a dynamic process: when the society needs more extensive protection of an intellectual achievement,the intellectual achievement will tend to turn to property.Through investigating the evolution of other intellectual achievements,we believe that on the basis of clearing the boundary of trade secret,and guided by the theory of instrumentalism,trade secret can be protected more extensively than before.