As the economic competition is becoming keener and keener in both international and domestic markets, trade secrets, as one of the important manners of winning the competition, are playing an increasingly important role and most of countries are paying attention to trade secrets. So it has become a ...
As the economic competition is becoming keener and keener in both international and domestic markets, trade secrets, as one of the important manners of winning the competition, are playing an increasingly important role and most of countries are paying attention to trade secrets. So it has become a consensus to offer legal protection to trade secrets. Compared with traditional intellectual properties, trade secrets are of advantages like wide range and long period of protection, which brings it much space to develop. However, measures of legal protection and assistances to trade secrets are comparatively lagged behind, in many countries, especially in the developing countries, economic value of trade secrets are not appreciated enough. In recent years, as the "Agreement on Trade-Related Aspects of Intellectual Property Rights"(hereinafter referred to as TRIPS Agreement) has become effective, the tendency of internationally protecting trade secrets legally has become more and more obvious. Therefore, this paper tries to, under structure of the TRIPS Agreement and through comparative studies of laws and cases related to trade secrets in Korea, America and China, find out the differences in the present system of legal protection of trade secrets in China and then offer possible suggestions. This paper uses the empirical approach to analyze information and statistics collected, and points out demerits of trade secrets protection in China, this paper also uses the method of comparative analysis to compare the present system of trade secrets protection in China with its counterparts in England, America and France, and to learn from these countries to improve the system in China. This paper is divided into four sections focusing on the issue of international protection of trade secrets: firstly, To start with the concept of trade secrets, to introduce items related to trade secrets and necessities of protecting trade secrets. Secondly, To recite and analyze the existing laws of trade secrets in China, America and Korea. thirdly, Based on the previous 2 sections; to compare and analyze the differences and problems among systems of trade secrets in China, America and Korea, and then to list international and domestic cases of trade secrets violation and differences in the court decisions. last, To draw a conclusion of the whole paper and to offer suggestions to protection of trade secrets in China.
As the economic competition is becoming keener and keener in both international and domestic markets, trade secrets, as one of the important manners of winning the competition, are playing an increasingly important role and most of countries are paying attention to trade secrets. So it has become a consensus to offer legal protection to trade secrets. Compared with traditional intellectual properties, trade secrets are of advantages like wide range and long period of protection, which brings it much space to develop. However, measures of legal protection and assistances to trade secrets are comparatively lagged behind, in many countries, especially in the developing countries, economic value of trade secrets are not appreciated enough. In recent years, as the "Agreement on Trade-Related Aspects of Intellectual Property Rights"(hereinafter referred to as TRIPS Agreement) has become effective, the tendency of internationally protecting trade secrets legally has become more and more obvious. Therefore, this paper tries to, under structure of the TRIPS Agreement and through comparative studies of laws and cases related to trade secrets in Korea, America and China, find out the differences in the present system of legal protection of trade secrets in China and then offer possible suggestions. This paper uses the empirical approach to analyze information and statistics collected, and points out demerits of trade secrets protection in China, this paper also uses the method of comparative analysis to compare the present system of trade secrets protection in China with its counterparts in England, America and France, and to learn from these countries to improve the system in China. This paper is divided into four sections focusing on the issue of international protection of trade secrets: firstly, To start with the concept of trade secrets, to introduce items related to trade secrets and necessities of protecting trade secrets. Secondly, To recite and analyze the existing laws of trade secrets in China, America and Korea. thirdly, Based on the previous 2 sections; to compare and analyze the differences and problems among systems of trade secrets in China, America and Korea, and then to list international and domestic cases of trade secrets violation and differences in the court decisions. last, To draw a conclusion of the whole paper and to offer suggestions to protection of trade secrets in China.
주제어
#trade secret law case trade secret protection the TRIPs agreement Comparative Analysis
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