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Corporate trade secrets on Legal Protection of

Author: ZhuTengHua
Tutor: WangJiFa
School: Yantai University
Course: Civil and Commercial Law
Keywords: Enterprise trade secrets Legal Protection
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 162
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Abstract

In a sense, it is the production of tangible products of the industry that contributed to the social growth in the industrial age but it is the production of intangible goods industries in the information age. The information age, intellectual fruits of labor have become the most important assets of enterprises. It is an important tool for the corporate occupation, maintaining and expanding the products or service market. Depending on the intellectual achievements ,many domestic and foreign enterprises have achieved an exclusive development in the market. While traditional intellectual property rights exchange an open approach for national protection, there is a special form of intellectual property called trade secrets., which still take the security measures as a prerequisite for legal protection .It has become the focus of China’s theory and practice on trade secret because of the disputes between the increase of trade secret violationsTrade secrets have been deeply integrated into the process of enterprise’s struggling for survival in the conduct market competition. In the real life of the market economy, not only the large international companies, but also some domestic small and medium enterprises, whose trade secrets subjected to violations of the situation are not uncommon. In the increasingly fierce market competition, the special nature of trade secrets and its tremendous economic value allow enterprises to obtain competitive advantage ahead of the competition, which makes trade secrets to become a unique intellectual property protection. Recognizing the important value of trade secrets, enterprises, which take trade secret infringement litigation weapon for protection, is also increasing in order to safeguard the interests of their own competition for survival. So how do they do in order to protect their own corporate trade secrets? I make a great effort on this issue, .finally I put forward to own viewpoints in this thesis.Chapter one, I take the basic theory of trade secret protection as a starting point. Start from the concept, closely linked to the law article, discuss the meaning of trade secrets, legal attributes and composition of elements, and then draw on domestic and foreign scholars on the basis of research results, combine with my own knowledge, and then explore a trade secret protection of the fundamental theoretical issue. This provides a theoretical groundwork for the researching and writing this thesis..Chapter two, is just around the trade secrets, to explore the nature of the trade secrets of in the whole system of the status of civil rights. Then explore how to gain and use the trade secrets. In the first part, the main focus on the acquisition of two main methods, namely, the original innovation to achieve, the following manner is pay for compensation equivalent to get , in the second part ,mainly discussed the external trade secret mode of operationChapter third, mainly discusses the self-protective measures for the company’s trade secrets. in this chapter after the analysis of the reasons for self-protection of the trade secrets. Then suggest self-protection methods that are good management practices, as well as comprehensive intellectual property trade secret protection strategies. The former is mainly emphasized in contact with the personnel for the measures and violation of trade secrets after the emergency measures, the latter mainly study on how to make a integrated protection of intellectual property strategies in order to protect the trade secrets.Chapter four mainly discusses the legal means to protect trade secrets. Leading by an example in this chapter, It come to a conclusion on how to choose a legal means to safeguard their rights revelation, and then gave a trade secret means of contract law to protect the point of view, under the "Contract Law" and the "Labor Contract Law," made a business secret protected means of contract law. As the means of contract law to protect the limitations of this chapter, followed by protection of trade secrets infringement proceeding means, according to "Anti-Unfair Competition Law", pointing out that the performance of the infringement of trade secrets against infringement and infringement defenses means accountability. Furthermore, I suggest the lawsuit protection means.

Corporate trade secrets on Legal Protection of

Abstract

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