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On the Accreditation Standard and the Improvements of the Law System of Trade Secret in China

Author: ZuoLongJiang
Tutor: TangChaoHua
School: Hunan University
Course: Civil and Commercial Law
Keywords: Intellectual property Trade secret Accreditation standard Perfect the legal system
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 245
Quote: 0
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Abstract


With the development of the science and economy integration as well as the coming of knowledge economy, intellectual property (IP) plays a daily more important role in the international competition. In such a fierce market, trade secret has been a focus of people’s attention, which, in the TRIPS constituted by WTO, is defined as“undisclosed information”. And according to China’s Counter Unfair Competition Law, trade secret refers to the technological information and business information which is undisclosed to the public and specially kept secret by the owner, besides, the information should also bring economic benefice to the owner. Trade secret is a dynamic concept. How to definite the trade secret is a problem, but it is inevitable in law practice. Without an operational criterion, the trade secret can not be protected by law. So if we want to study the trade secret, we must treat its accreditation standard as the academic entrance. Through comparison and analysis to the law theory, economic theory and law practice, we conclude that the accreditation standards includes: novelty, value and secret keeping. Trade secret is a kind of information with economical value but its law-protected foundation is the secret of itself and protection measures. Object, nature and extension are the foundation of our recognition on trade secret law-protection, which are also the foundation of constructing its accreditation standard and the theory of this thesis.Domestically speaking, the system of the legal protection of trade secret is imperfect .This article makes a detailed presentation and analysis on the trade secrets’accreditation standard,by learning the experiences from the United States, Germany, Japan and other countries. Through research on various of theories, opinions about three-standard, four-standard, and every accreditation standard, the writer originate his own opinion. And when comparing the trade secret protection system among China and overseas area,the search reviews the related laws in China., and finds the distempered system of the legal protection of trade secret, the dispersive legislative style and the low maneuverability bring juridical practice a series of problems. The trade secret with special object, special nature and special extension must need special and definite law-protection. So the accreditation standards must be required. Here the theories of accreditation standards and the law-protection of trade secret are merging, which also reflects the purpose of this thesis, the institutional analysis and construction of law-protection of trade secret. As the integration of the international economical trading, the extension of trade secret is broadening constantly. Quite a few questions deserve further discussion, and innovation is badly needed for the past theory and original legal system. By comparing with the present situation and imperfection of our current system of the legal protection of trade secret with the legislative theory and mode of the foreign law protection of trade secret,we suggest that our country should draw up and improve the related laws as soon as possible so as to provide effective measures for the protection of trade secrets.

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