(A) the definition of the concept of trade secrets in national laws

1. Customary law

2. Civil law and international conventions

3. Laws of China

(B) the constitutive requirements of trade secrets

1. Secret

2. Value

3. Easy to handle

(3) the scope of business secrets

(D) the legal nature of trade secrets

1. Trade secret right is a kind of property right.

2. Trade secret right is a special intellectual property right.

Second, the legal protection system and legal investigation of trade secrets

(A) the emergence and development of trade secret protection legislation

(B) the legal basis for the legal protection of trade secrets

1. Privacy protection theory

2. Confidentiality contract theory

3. Tort theory

4. Property right theory

5. Anti-unfair competition theory

(3) Enlightenment

Third, the infringement and relief of trade secrets.

(1) Infringement of business secrets

1. Breach of trade secret contract performance

2. The performance of China's trade secret contract law protection

3. Constitutive elements of violating trade secret contracts

(2) Infringement of business secrets

(c) Restrictions on the right to trade secrets

(4) remedies for infringement of trade secret rights

1. Civil legal liability

2. Administrative legal responsibility

3. Criminal legal responsibility

(5) Measures to prevent infringement of trade secrets.

Fourthly, the conception of perfecting the legal protection system of trade secrets in China.

(A) the status quo of legal protection of trade secrets in China

(B) China's current legal protection of trade secrets problems

1. The existing laws are not rigorous and perfect in legislation.

2. The protection of trade secrets by existing laws and regulations is still insufficient.

3. The existing laws and regulations are not operable to protect trade secrets.

4. The punitive damages system is lacking.

5. Lack of procedural law protection

(3) Suggestions on perfecting the legislation of legal protection of trade secrets.

1. Clearly define the concept of trade secrets.

2. Further broaden the scope of protection of trade secrets.

3. Clarify the content of the right to trade secrets

4. It is clear that it is not regarded as an act that infringes the business secrets of the obligee.

5. Add punitive damages and improve relevant criminal responsibilities.

6. Improve the procedural provisions for the protection of trade secrets.

(D) the improvement of relevant supporting laws in China

abstract

introduce

The first part is the theory and practice of legal protection of trade secrets.

I. Overview of Trade Secrets

(A) the concept of trade secrets dispute

(2) Characteristics and constitutive requirements of trade secrets

Second, the purpose of trade secret legislation

Third, the form of infringement of trade secrets.

(A) the form of infringement of trade secrets in common law countries

(B) the form of infringement of trade secrets in civil law countries

(C) the form of infringement of trade secrets in China

Four. Determination of infringement of trade secrets

(1) Determination of breach of confidentiality obligation

(2) Determination of confidentiality of trade secrets

(3) Determination of violation of non-competition

Five, the elements of protecting trade secrets

(A) the use of non-competition contracts

(2) Evidence retention in trade secret cases

Sixth, the current legislative situation of the remedy for infringement of trade secrets.

VII. Legal remedies for trade secrets

Relief of Trade Secrets by Competition Law

(2) Civil law remedies for trade secrets.

(3) Trade secret tort law and contract law relief.

(4) Indirect remedies for trade secrets related to intellectual property law.

(five) the criminal law relief of business secrets

The second part is the legislative status and existing problems of trade secret protection in China.

First, the legal transplant observation of trade secret protection in China

Second, the legislative process of China's trade secret protection

Three, China's current problems in the legislation and justice of trade secret protection

Lack of separate legislation

(B) The current law does not clearly define the basic issues of trade secrets.

(3) The existing laws stipulate that the form of protecting trade secrets by the obligee is not clear.

(D) The current procedural law lacks scientific provisions on the protection of trade secrets.

The third part is the perfection of the legal protection of trade secrets in China.

I. Suggestions on Perfecting the Legislation for the Protection of Trade Secrets

(a) to formulate a separate law to protect trade secrets.

(B) expand the concept of trade secrets and the subject of tort liability.

(C) expanding the scope of adjustment of future trade secret legislation

(d) Clarify the difference between trade secrets and other related concepts.

(five) to standardize the judicial expertise of trade secrets.

(six) clearly define the legal liability of the infringer and the third party.

Two, improve the judicial relief procedures for infringement of trade secrets.

(1) Improve the pre-litigation relief system for trade secrets.

(B) Improve the burden of proof for infringement of trade secrets.

Third, the position and role of procuratorial organs in the legal protection of trade secrets.

(A) the judicial practice of procuratorial organs to bring civil public interest litigation

The necessity for procuratorial organs to file civil public interest litigation in cases of trade secret protection.

(three) the legitimacy of the procuratorial organs to participate in the public interest litigation of trade secret protection cases.

(four) the legitimacy of the procuratorial organs to bring commercial secrets civil public interest litigation

(five) the scope and principles of the procuratorial organs to initiate and participate in the civil public interest litigation of trade secrets.