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Scholars both at home and abroad have different ideas about the nature and traits of the trade secret right. From the viewpoint of the legal theory and tendency of trade secrets law, the right of trade secret is a new independent member of the intellectual property. It not only has common traits of the intellectual property, but also has its own characteristics and content of right. 商业秘密的权属性质如何 ,国内外学者众说纷坛。从法理和商业秘密发展趋势看 ,商业秘密权应是知识产权家庭独立新成员 ,商业秘密权既有知识产权的共性 ,又有自己的特点和独特的权能。 In the information times, the trade secret, which includes technological and managerial information, is a decisive factor for business people to enjoy personal rights in business secrets so as to have an advantage in competition. With the market competition growing intense day by day, the phenomena of making inroad on commercial secrets are rampant. Therefore, strengthening legal protection of business secrets is an urgent need for the development of market economy. At present, it is very important to study... In the information times, the trade secret, which includes technological and managerial information, is a decisive factor for business people to enjoy personal rights in business secrets so as to have an advantage in competition. With the market competition growing intense day by day, the phenomena of making inroad on commercial secrets are rampant. Therefore, strengthening legal protection of business secrets is an urgent need for the development of market economy. At present, it is very important to study the terms and limits permitted by law of trade secrets. 随着社会经济的发展 ,需要加强对商业秘密的法律保护 ,而准确把握商业秘密的范围和构成条件是维护商业秘密权的前提。因此 ,对商业秘密的范围和构成条件的研究是理论界的当务之急 This paper presents a comparison between TRIPs articles that protect business secrets and the related Chinese laws and regulations. Their differences have been analyzed from the aspects of business secrets nature, business secrets constitution, business secrets infringement categories and remedies for the infringements of business secrets. Proposals for the perfection of remedies for the infringements of business secrets have been put forward, and so are the problems worthy of attention in the judicial or law... This paper presents a comparison between TRIPs articles that protect business secrets and the related Chinese laws and regulations. Their differences have been analyzed from the aspects of business secrets nature, business secrets constitution, business secrets infringement categories and remedies for the infringements of business secrets. Proposals for the perfection of remedies for the infringements of business secrets have been put forward, and so are the problems worthy of attention in the judicial or law enforcement process in China so as to avoid the conflicts with TRIPs business secrets related articles. 本文对TRIPs协议商业秘密保护条款和我国现行法律、法规进行了比较 ,并着重从商业秘密的权属性质、商业秘密构成、侵害商业秘密行为、侵害商业秘密救济方式等方面具体分析其差异 ,提出完善我国商业秘密侵权救济制度的建议和执法、司法实践中避免与TRIPs协议有关条款相抵触应注意的问题
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