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Balance of Interests in the protection of trade secrets law

Author: DaiRui
Tutor: LiWei
School: China University of Political Science
Course: International Law
Keywords: Trade secrets Interest Conflict Balance
CLC: D997.1
Type: Master's thesis
Year: 2006
Downloads: 312
Quote: 3
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Abstract


To balance the interests of the macro perspective to observe the protection of trade secrets law in China, the main line of trade secret protection reflects the conflict of interest and coordination, the conflict between the monopoly interests and public interests mainly focus on the rights of trade secrets trade secrets embodied in the balance, trade secret protection and patent protection mode selection prior use embodied in the case of conflict of interests between the patentee his balance, trade secrets, rights holders to take security measures employers (ie, the interests of the trade secret rights holders) and employee free choice conflict and balance between the interests of the conflicts of interest and balance, as well as trade secret international protection embodied in the developing countries and developed countries, as our current business secret protection The relevant legal norms to be interpreted and judged. Trade secret protection on the value orientation of the legislation on the balance of trade secret rights of private rights and public interests as the guiding principle, limited protection of trade secrets. In the specific design of the system, such as the constituent elements of the trade secrets, a legitimate means of trade secrets and unlawful means, trade secrets violations identified and the sharing of the burden of proof, but also invariably everywhere taking into account the private rights and the public interest coordination, fine of the provisions is actually much deeper meaning. Therefore, for the for seemingly weak protection of commercial secret, in fact, from the public interest point of view of society as a whole starting a reasonable benefit arrangements and distribution. Each with distinct characteristics due to trade secret protection methods and patent protection mode, as the owner of the trade secret will choose to take what type of protection from the legal and economic aspects as well as the actual characteristics of the mastery of technology to select the appropriate protection to expectations to maximize the maintenance of their own interests, but also to bear the legal consequences brought about by their own choice. Trade secret all the protection of trade secrets, in practice is highly probable that the earlier trade secrets and after the commercial secret patent-pending patent conflicts of interest between. The second part focuses on the right of prior use system is how to coordinate the prior use of the conflicts of interest between the person with the patentee by limiting the scope of the rights of the constituent elements of the right of prior use and prior use right, making the prior use rights system has become the strict first filed under the principle of the patent system a useful supplement rather than catastrophic impact. The third part of the paper discusses the specific employers use confidentiality agreements and non-compete agreements to protect their trade secrets, objectively serious impact on the employee's career freedom and the flow of talent, the interests of employers and employees conflict. Signed confidentiality agreements and non-compete agreements, must make the parties' rights and obligations on, taking into account the interests of both sides, and strive to reasonable security measures and competing industry ban

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