2011•Journal of Jishou UniversityRequires access

General Theory Analysis on Intellectual Property Protection of Trade Secret

Luo Jun

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Abstract

The protection of trade secret is based on secrecy which has two logic bases:one is people who know the secrecy keep it,the other is people who don't know the secrecy won't take it illegally.The contradiction between secrecy and publicity just affects the protection field,not the legal attribute of right.The intellectual property system can't exclude trade secret just because of the theory differences between trade secret and the traditional intellectual property.Guided by theory of balance of interests,trade secret will get good theoretical interpretations and systematic construction force in the spirits,principles and rules of intellectual property law.

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What this paper is about

The protection of trade secret is based on secrecy which has two logic bases:one is people who know the secrecy keep it,the other is people who don't know the secrecy won't take it illegally.The contradiction between secrecy and publicity just affects the protection field,not the legal attribute of right.The intellectual property system can't exclude trade secret just because of the theory differences between trade secret and the traditional intellectual property.Guided by theory of balance of interests,trade secret will get good theoretical interpretations and systematic construction force in the spirits,principles and rules of intellectual property law.

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Available abstract

The protection of trade secret is based on secrecy which has two logic bases:one is people who know the secrecy keep it,the other is people who don't know the secrecy won't take it illegally.The contradiction between secrecy and publicity just affects the protection field,not the legal attribute of right.The intellectual property system can't exclude trade secret just because of the theory differences between trade secret and the traditional intellectual property.Guided by theory of balance of interests,trade secret will get good theoretical interpretations and systematic construction force in the spirits,principles and rules of intellectual property law.

Key concepts: Secrecy, Intellectual property, Trade secret, Publicity, Contradiction, Property (philosophy), Law and economics, Balance (ability)

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