论反不正当竞争法对商业秘密的保护-经济法学专业论文.docxVIP

II II Abstract With the coming of knowledge economy and information age, trade secret becomes more and more important in the market competition. As an intangible asset, trade secret means competitive advantage and takes enough commercial profit. In order to get more economic benefits, subjects of market inflict a variety of infringing acts of trade secret, which not only damages the legal interests of parties but also destroys the normal order of competition. Therefore, it is urgent to build perfect legal system about the protection of trade secret. Ever since a long time ago, the protection of trade secret has laid emphasis on the system of private law and the force of trade secret’s protection was subject to the remedy of private law, so it is relative insufficiency to restrict misbehave of trade secret and protect the public interests. Conforming to requirement of market economy, the Anti-unfair competition law integrates more public law element, promotes public interest, and emphasizes effective competition which includes fair competition and free competition. Furthermore, it synthesizes the law relieving of civil affairs, administration and criminal, which provide more overall protection for trade secret. Now the Anti-unfair competition law is the main law of protecting trade secret in our country, it is significant to research about trade secret’s protection from it. As long as we get a thorough understanding of this problem, legal system on the protection of trade secret can make a breakthrough in terms of theory and practice. Firstly, the dissertation sets about connotation of trade secret and demonstrates intangible property rights and special intellectual property rights of trade secret, it also analyses the existing problems and source on the legislation and implement combining present situation on the trade secret’s protection of the anti-unfair competition law. Secondly, the dissertation studies in depth the theory on the anti-unfair competition law of