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随着经济的发展,商业秘密的价值日益凸现。对商业秘密的保护及其权属性质的研究,受到广大学者越来越多的关注。商业秘密的权属性质如何,是知识产权法领域一直存在争论的问题,国内外学者众说纷纭。从商业秘密权的本质特征上看,它既有知识产权的共性,又有自己的特点和独特的权能。因此,商业秘密权应是知识产权家庭中的独立新成员。
With the economic development, the value of trade secrets has become increasingly prominent. The research on the protection of trade secrets and the nature of their ownership has attracted more and more attention from scholars. The nature of the ownership of trade secrets has always been the subject of controversy in the field of intellectual property law. There are many opinions from scholars at home and abroad. In view of the essential characteristics of commercial secrets, it has the common nature of intellectual property as well as its own characteristics and unique powers. Therefore, the right to business secrets should be an independent new member of the intellectual property family.