守好商业秘密“生命线”

Core Viewpoint - The protection of trade secrets is crucial for promoting technological innovation and maintaining fair market competition, yet violations remain frequent due to legislative gaps, enforcement challenges, and inadequate internal protections [1][2][3]. Legislative and Regulatory Framework - Current regulations on trade secret protection in China are scattered across multiple laws, lacking a unified and systematic legal framework, which leads to insufficient deterrence against malicious infringement [1]. - There is a need for a dedicated Trade Secret Protection Law to establish clear definitions, types of infringement, and compensation calculations, particularly for new forms of secrets like algorithms and data sets [3]. Enforcement and Judicial Efficiency - The enforcement of trade secret protection is hampered by long litigation cycles, high costs, and difficulties in evidence collection, which weaken the protection of core business interests [1][2]. - A cross-departmental mechanism for trade secret protection should be established to enhance collaboration between administrative, criminal, and judicial processes, thereby improving case handling efficiency [3]. Corporate Responsibility and Internal Protections - Companies, especially small and medium-sized enterprises, often lack adequate internal measures for trade secret protection, relying on outdated methods rather than modern technological safeguards [2][4]. - Businesses should adopt a proactive approach to trade secret protection, integrating it into corporate governance and developing comprehensive protection and emergency management systems [4]. Social Support and Professional Services - The ecosystem for trade secret protection is underdeveloped, with a significant gap between professional supply and market demand for services that combine legal, technical, and investigative expertise [2]. - There is a call for the establishment of a collaborative framework involving government, enterprises, and industry organizations to enhance the overall effectiveness of trade secret protection [4].