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A Comparative Study of the trade secrets of legal protection under the TRIPS Agreement

Author: HeTieJun
Tutor: ShiXiaoLi
School: China University of Political Science
Course: International Law
Keywords: TRIPS Agreement Trade secrets Legal protection System of Law
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 186
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Abstract


With the continuous development of knowledge-based economy in depth, the role of trade secrets has become increasingly prominent. The world's major countries and regions have established trade secrets legal protection system, the use of various means to increase the protection of trade secrets. 1 along with the entry into force of the \However, due to differences in national trade secrets legislation and international standards in the Convention, trade secret law protection facing define and solve many problems. It is on this basis, the paper selected this study. The article is divided into the following five chapters: Chapter I: the TRIPS agreements, trade secrets internationally defined concept. The chapter from the point of view of trade secrets connotation of the concept on the basis of the TRIPS Agreement, trade secrets rules, the purpose of orientation to the common law and civil law elements of the concept of oriented system as a starting point on the common law countries and civil law countries, trade secrets concept defined at the same time, our legal definition of trade secrets, the best way to summarize the definition of trade secrets. In addition, from the perspective of trade secrets extension of the concept, research the scope of protection of trade secrets law, summarizes the characteristics and trends of trade secret protection range. Chapter II: TRIPS agreements, trade secret law protection theory of property rights theory and the theory of protection of trade secrets law anti-unfair competition theory, and analysis based on the legal protection of trade secrets theory impact. Chapter III: The TRIPS agreements, trade secrets elements. Part discusses the TRIPS Agreement, trade secrets Elements minimum standards on the basis of analysis of the specific content of the commercial secrets of the Elements, secret, value, manageability, reveals the three elements of the inner contact and the overall consistency. Chapter IV: The legal remedy of the violation of trade secrets in the TRIPS agreements. The chapter first clarify the definition of the violation of trade secrets, and cited the external manifestations of violations of trade secrets. Among them, the third person violated the trade secrets act made a detailed study of the identification of bona fide third party liability principle. In addition, the combination of the provisions of the TRIPS Agreement, the civil remedies for infringement of trade secrets, administrative remedies and criminal remedies in three ways. Chapter 5: perfect protection system of trade secrets law. The chapter on the meaning and characteristics of the system of Law, discusses the protection of trade secrets legal system Jurisprudence System Improvement. In this paper, the structural perfection of the binary system of international law and domestic law, to build the spirit of the TRIPS Agreement, in line with the objective needs of the modern market economy development trade secrets law protection system.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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