Trade secret protection How to understand the tort law of trade secret protection
China's Anti-Unfair Competition Law》Article 9 stipulates: "Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical, and the obligee has taken confidentiality measures." About the nature of trade secrets There are no unified conclusions yet, including the theory of personality rights, the theory of information rights, the theory of enterprise rights, and the theory of intellectual property rights.
No matter which doctrine, trade secrets are A right that is beyond doubt. If they are rights, they may be infringed upon and must be protected. Rights are vital only if they can receive timely legal protection and relief when they are violated. With the rise of the knowledge economy, cases of trade secret infringement have doubled, and the call for trade secret protection has increased.
Based on the particularity of trade secrets and the imperfections of various protection theories, it is necessary to adopt various means to protect them. our countryProvisions on trade secrets are mainly scattered in laws and regulations such as the Civil Code and the Anti-Unfair Competition Law. We can see from these laws and regulations that some are protected by the Civil Code and some are protected by tort law. In terms of basic principles, tort law theory and civil code theory are two fundamentally different theories. However, judging from the existing information, when discussing my country's trade secret infringement, domestic scholars tend to confuse the two theories. Although some have noticed the difference between the two, they have only brushed it aside.
Although in terms of trade secret protection, infringement and breach of contract They are inextricably linked, but the difference between the two is obvious. The difference between the two is roughly as follows:
1. Two The preconditions for the behavior of the actors are different. The prerequisite for a breach of contract is that there must be a specific relationship of rights and obligations between the parties, which is of a relative nature. The prerequisite for infringement is that there is no or no specific relationship between rights and obligations, and its nature is absolute.
2. The nature of the obligations violated is different. The obligations violated by tort are statutory obligations; while the obligations violated by breach of contract are contractual obligations.
3. The subjects of the behavior are different. The subject of infringement is not specific, but the subject of breach of contract is specific.
4. The objects of behavioral infringement are different. The object of infringement by tort must be absolute rights; the object of infringement by breach of contract is contractual creditor's rights.
5. The forms of legal liability are different. The civil liability for infringement includes apology, restoration of reputation, elimination of influence, etc. However, these forms of liability cannot be applied to breach of contract. If the two are simply mixed together. On the surface, it may seem that it facilitates litigation and is beneficial to the protection of the parties, but in reality it is too hasty and it is difficult to truly protect the legitimate rights and interests of the parties in real life.
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