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在全球经济日益一体化的背景下,尤其是后金融危机时代,国际贸易竞争突出表现为科技创新的竞争。我国基于以往比较优势的贸易结构已经难以持续发展,必须通过开发创新来“拓市场、调结构、促平衡”。开发创新是根本出路的共识比以往任何时候都强烈地呼唤着商业秘密的保护,而近年来在我国频发的商贸谍战,如力拓案等也从反面凸显了我国商业秘密保护立法的紧迫性。制度是开发创新的持久保障。从总体上看,我国商业秘密保护立法仍然存在许多问题,研判其要点,意义重大。
Against the background of increasingly integrated global economy, especially in the post-financial crisis era, competition in international trade has been marked by competition in technological innovation. Our country’s trade structure based on past comparative advantages has been hard to sustainably develop. We must “expand the market, adjust the structure and promote the balance” through the development of innovation. Development and innovation is the fundamental way out of consensus than ever before strongly calling for the protection of trade secrets, and in recent years, frequent commercial spy games in our country, such as Rio Tinto also highlighted the negative aspects of China’s commercial secrets protection legislation urgency Sex. The system is a lasting guarantee for the development and innovation. Generally speaking, there are still many problems in China’s commercial secrets protection legislation. It is of great significance to judge its main points.