A Comparative Study On The Legal Systems Of Trade Secret Protection Between China And South Korea

In the context of economic globalization and liberalization of international trade,trade secrets,as an intangible asset,can bring huge competitive advantages to all of them in the fierce market competition.Therefore,unfair competition activities that violate trade secrets not only Endangering the legitimate interests of the owners of trade secrets will also cause vicious market competition and disrupt market order,so strict legal protection must be imposed on trade secrets.At present,China’s legal protection of business secrets implements a comprehensive legal protection system of multiple laws,that is,our country’s legal protection of business secrets is not only reflected in the "Anti-Unfair Competition Law",but also in the "Labor Law" and "Labor Contract Law".And other different laws and regulations do not stipulate that all relevant content related to the protection of trade secrets is in the same law.At present,China’s legal system for the protection of commercial secrets is mainly constructed with the“Anti-Unfair Competition Law"formulated in 1993 as the core.China’s "Anti-Unfair Competition Law" has undergone two revisions since its formation.Although the latest revision was carried out,although the protection of trade secrets has been further strengthened,there are still problems such as insufficient enforcement.South Korea,which belongs to the same civil law system and is also in the neighboring country of the Asia-Pacific region,has adopted a separate legislative regulation model for the protection of trade secrets,that is,the "Unfair Competition Prevention Law and Trade Secret Protection Law"<Trade Secrets Law>The main legislative model to protect trade secrets.South Korea’s "Unfair Competition Prevention Law" promulgated in 1961 did not provide for the protection of trade secrets.It was not until 1991 that new provisions on protection of trade secrets were newly established.Regulations.In the late 1990s,with the development of information technology and the rise of its international status,the law was renamed the "Trade Secrets Law" and is still in use today.So far,the law has undergone a total of 21 amendments.In 2019,China also amended the "Anti-Unfair Competition Law".Through this revision,the relevant content of China’s "Anti-Unfair Competition Law"is now very close to the Korean "Trade Secret Law".This article expounds the relevant legal theory of trade secret protection,reviews the formation and development of the trade secret protection legal system in China and South Korea,and summarizes the content of the trade secret legal protection system in China and South Korea.The systematic comparison of the legal system for the protection of commercial secrets in China not only points out some common features of the relevant laws of China and South Korea,but also understands the important differences between them.This is to further improve our laws on the protection of commercial secrets.The system found some enlightenment,which enabled him to use this as a basis to put forward some legislative suggestions for perfecting the legal protection system for trade secrets in China.This article is divided into five chapters,and each chapter is as follows:Chapter Ⅰ:Research on selected topics,including research purpose,significance and research scope.Chapter Ⅱ:An overview of the legal system for the protection of commercial secrets,and an explanation of the meaning,components and legal theory.Chapter Ⅲ:Mainly expounding the legislative provisions on the protection of trade secrets in China and South Korea.It involves the formation of a market economic system,the main content of trade secret protection,restrictions on competition and the resolution of trade secret disputes.It also summarizes the legislative status of China and South Korea.Chapter Ⅳ:Mainly analyzes the legislative status summarized in the previous chapter,adopts a comparative research method,and summarizes the similarities and differences in the legal systems for trade secret protection in China and South Korea.It involves the comparison of the market economic system,infringement of business secrets,competition restrictions and relief systems of the two countries,and finally the analysis and conclusions are drawn.Chapter V:Mainly elaborate on the specific ideas in the developm ent trend of the legal system for the protection of commercial secrets in China.