As for what information to write, I think you need to have professional knowledge in e-commerce environment and trade secret protection, and you need to have a certain understanding of intellectual property rights and related laws and regulations.
The above personal views are for reference only. You can look at the following paper, which may be a little enlightening. I wish you an excellent graduation thesis first.
Protection of Trade Secrets and Legislative Strategies in E-commerce Environment
Wei zhujing
(Wuhan, School of Information Management, 430072)
Abstract: This paper discusses the new characteristics of trade secret protection under the e-commerce environment, and puts forward the strategies that our government can adopt in introducing trade secret law under the new environment.
[Keywords:] e-commerce business secret protection legislative strategy
【 China Library Classification Number 】 G7 13.36 【 Document ID 】 A 【 Document Number 】1003-2797 (2003) 02-0058-03
In the e-commerce environment, the protection of trade secrets has some new features. Our government should formulate the trade secret law according to the new characteristics, so as to safeguard the trade secret security of Chinese enterprises and the national economic security.
1 new features of trade secret protection in e-commerce environment
1. 1 It is more difficult to protect trade secrets.
E-commerce environment is a technical environment, which is based on database technology.
Relying on technology and network technology, enterprises include trade secrets.
Electronic and networked industry information has become a reality; At the same time, trade secrets
Electronization and networking make the network an important way to reveal business secrets.
Channels, thus increasing the difficulty of protecting trade secrets.
(1) Network information security issues pose a threat to business secrets.
E-commerce operates on the Internet, which is open.
And * * * enjoyment, determines its fragility. Network information security
Mainly from computer hackers, network software, computer viruses and so on.
Threats. For example, in terms of e-commerce software, there was a lot of noise some time ago.
Yang's Intel Pentium III "serial number" function, its original intention is
In order to provide unique knowledge of the identity of traders in e-commerce transactions
Don't make e-commerce more reliable, but it may really lead to users.
Information is stolen without the user's knowledge; Microsoft also accepted.
There are two external access keys [1] in Windows, which are similar.
The key of e-commerce poses a potential threat to the trade secrets in e-commerce.
Threats. China's computer industry is limited by the main level conditions. At present,
Many computer core components have to rely on foreign countries, which is not conducive to e-commerce.
Protection of trade secrets.
(2) Enterprise information * * * enjoys the security that affects trade secrets. electron
The business environment requires information sharing between enterprises and within enterprises in order to
Improve the competitiveness of enterprises. Based on network technology and database technology
Basic e-commerce technology, so that information inside and outside the enterprise can be enjoyed.
As far as possible. Enterprise information * * * includes external enterprise information * * and internal enterprise information.
Department * * * enjoys two aspects, among which external * * * enjoys refers to enterprises and business partners.
Information exchange and * * * enjoyment with other relevant departments, internal * * *
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Sharing refers to the sharing of internal employee information based on intranet. enterprise
The sharing of information has brought about the improvement of innovation and competitiveness of enterprises, but also
At the same time, it also caused the multi-point connection of enterprise information including trade secrets.
Touch, so that the business secrets of enterprises are in an unsafe state.
1.2 It is more difficult to deal with the infringement of trade secrets.
(1) It is difficult to determine the traditional jurisdiction. trade secret
The jurisdiction of secret infringement is governed by Article 29 of the Civil Procedure Law of China.
And the Supreme People's Court on the application of
The provisions of Article 28 of Opinions on Several Issues in the Procedural Law are applicable to "invasion".
The right to act "principle. In cyberspace, due to infringement and special
The connection between real physical places is instantaneous and accidental.
It is difficult to determine the location of infringement. For example, in the plaintiff Ryder company.
In the infringement case of Oriental Information Company's webpage, the plaintiff sued his own webpage.
The people's court of Haidian District, Beijing, where the ISP is located, filed a lawsuit; Where's the defendant
Then his household registration is Yibin City, Sichuan Province, and Haidian District, Beijing is free of charge.
Based on the place where the infringement occurred and the place where the result occurred, Haidian, Beijing
District jurisdiction, refused to execute the judgment in this case. From this
It can be seen that the principle of "place of tort" is applicable in cyberspace.
It's hard now.
(2) It is more difficult to identify trade secrets. Trade secret response
Meet the requirements of novelty, practicality and confidentiality. In the e-commerce circle
In this case, there are some problems in the identification of these three elements. First, in
On the identification of novelty. (1) Does the openness of the Internet constitute the loss of novelty?
Lost? Trade secrets are disclosed in written, oral and written forms.
Other publicity methods, each of which will be made into a trade secret.
Lose freshness. Although online publicity is different from written publicity and oral publicity,
Open, but in view of its consequences in other forms of publicity, the author believes that,
The openness of the network will also lead to the loss of freshness. For example, if the enterprise
The industry will publish its trade secrets on the website. You can think that the enterprise's
This important information has been made public, and it is no longer novel and does not constitute.
Trade secrets, so you can't stop others from using them. (2) Foreign Publication No.2, 2003
Documents, information and knowledge
April 2003
Does it lead to the loss of freshness? As we know, the Internet is indistinguishable.
There is no difference between domestic and foreign countries in terms of national boundaries and online openness. Secondly, in terms of insurance.
On the determination of secrecy. The law requires the obligee to know its business secrets.
Take reasonable confidentiality measures. In the e-commerce environment, commercial enterprises
Business secrets are stored and transmitted in the form of electronic data, and enterprises are interested in their own.
Trade secrets generally adopt access restrictions, firewalls and transmission processes.
Information encryption and other protective measures. The author believes that as long as enterprises
If the industry implements encryption and other appropriate technical security measures, it can be identified.
The protected information is confidential; Whether the security measures are appropriate,
It should be judged according to the technology at that time.
(3) It is more difficult to prove the infringement. According to the Civil Procedure Law of China
The relevant provisions of the law, trade secret infringement litigation generally applies to "who is the right holder?
The principle of "who bears the burden of proof". The owner or dominator of a trade secret is interested in others.
The people's court shall bear the burden of proof when it brings a lawsuit for infringement of trade secrets.
Provide evidence to prove: ① possessing trade secrets; ② Infringement and
There is a causal relationship between damage results. In the e-commerce environment, enterprises
Infringement of trade secrets is highly technical, and most banks are quite human.
People with high computer skills, high-tech electronic evidence,
It is difficult for obligees to prove their rights.
The development of e-commerce makes the legislation of trade secrets more urgent.
(1) New Problems of Trade Secret Protection in E-commerce Environment
Problems, make the existing laws appear insufficient. Judging from the current trade secrets.
Method, there are the following shortcomings: ① in the scope of adjustment, correlation
Laws and regulations have great limitations. Such as anti-unfair competition law
The scope of application is limited to "operators, operators", which infringes on employees.
The violation of business secrets of the unit lacks clear regulations; ② In the program
In terms of law, there are no procedural provisions and the operability is not strong. Like a businessman.
Whether industrial secret disputes can be resolved through arbitration, and the level of commercial secret litigation.
Other issues such as jurisdiction are not clearly defined. (3) Too scattered and regular.
Will it be specific? Administrative and judicial prohibitions are not specific if they are not specified.
There are no specific provisions on the conditions, types and time for making a ban.
Settings. (4) insufficient protection. Although there are criminal responsibility norms, but
The lack of civil liability norms is not enough to protect the right holders of trade secrets.
Interests. In recent years, with the development of e-commerce, business secrets have also emerged.
Infringement goes deep into the network environment, when the network business secret infringement case.
It happened that the famous Apple Computer Company sued others online.
The dual-processor system and new types that the company has not officially launched are released on the website.
Apple Pro mouse infringes the company's trade secrets.
Example [2]. Due to the infringement means and protection of trade secrets under the network environment
New features have emerged in all aspects, making the applicability of existing laws obvious.
Insufficient, urgent need for trade secret legislation.
(2) In order to comply with the international trend of trade secret protection, China has
The necessity of legislation. As a set of trade rules, trade secret protection norms
In part, there is also a trend of internationalization. Trade-related knowledge
Article 39 of TRIPS defines trade secrets (expressed as
"undisclosed information") is listed separately.
Clause, in fact, completed the internationalization of the trade secret protection law.
The task is to make the protection of trade secrets a part of international economic law.
Points. "[3] At the same time, the regional trade secret protection law has also been formulated.
At present, there are North American Free Trade Agreement, Andean Treaty and European Union.
There are also plans to enact a trade secret law. In this case, the test
Considering China's accession to the WTO and the vigorous development of e-commerce, China
Enterprises will participate more in international trade, which requires our state-owned enterprises.
People in the industry have a clear understanding of foreign rules for protecting trade secrets, and they are right
Seek domestic legislation to provide adequate protection for business secrets of enterprises in China.
(3) The development of e-commerce provides a contract for the legislation of trade secrets.
Machine. The core of e-commerce is "data information". In the formation of electronic quotient
Among the three "flows" of service (information flow, capital flow and logistics), "information flow"
Is the most basic 4], and a considerable part of the "information flow" is
"Data information" belongs to the business secrets of enterprises. E-commerce / electronic commerce
As a new business model, enterprises participate in its operation.
On the one hand, standardizing the issue of secrets can make China's commercial secrets invincible.
From the beginning, the law embodies the distinctive characteristics of the times, and at the same time, it can also protect.
Proof of legislative flexibility. On the other hand, for businesses in e-commerce,
On the secret issue, the legislation of all countries is not mature, and China takes this opportunity to make progress.
The legislation of trade secrets has a high starting point, which is very important for China enterprises and foreign countries.
It is very beneficial to fair competition of enterprises.
3 e-commerce environment, the legislative strategy of trade secrets
In order to introduce the trade secret law as soon as possible, the following strategies can be adopted.
3. 1 Close to the international practice, and pay attention to coordination with the international community.
(1) Reduce the cost of legislation and reflect the coordination with international legislation. eye
Many former countries in the world have legislated to protect trade secrets.
For example, the United States has the Uniform Trade Secrets Act and Canada has the Uniform Trade Secrets Act.
The draft secrecy law and so on. These laws not only have legal provisions, but also have
With a large number of cases, mature theoretical system and rich experience, we can
For reference. This will not only reduce the cost of legislation, but also reflect the relationship with China
International legislation has been harmonized.
(2) Adapting to the trend of international legislation coordination of e-commerce technology.
Beyond national boundaries, accelerate the pace of global economic integration, knowledge
The protection of property rights tends to be unified internationally. Business secrets are mainly enterprises.
Business information and technical information, which makes it related to business and trade.
Have a natural and close relationship. Therefore, in harmonizing international legislation
Under the general trend, the legislation of trade secrets should conform to the trend of internationalization and be fully
Consider international coordination.
3.2 Pay attention to the coordination with relevant laws.
(1) is in harmony with the general principles of civil law. Formulation of General Principles of Civil Law
The trade secret law has important guiding significance. Among the general principles of civil law
Basic principles such as good faith and fair trade should be formulated.
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