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商业秘密日益成为企业和社会关注的热点问题,商业秘密的保护也成为行政执法部门的重点、难点问题。工商机关在行政执法过程中面临着“三难”:发现难、取证难、认定难。本文从商业秘密保护行政执法中存在的主要问题入手,讨论研究了商业秘密同一性和经济损失、违法所得的认定,并提出了工商机关解决商业秘密保护行政执法中存在问题和难点的对策。
Commercial secrets are increasingly becoming hot issues of concern to enterprises and society. The protection of trade secrets has also become the focus and difficult issue of administrative law enforcement departments. In the process of administrative law enforcement, the industrial and commercial authorities are confronted with “three difficulties”: they find it difficult to obtain evidence and find it difficult to obtain evidence. This article starts from the major problems in the protection of administrative law enforcement by commercial secrets, discusses the study of the identity, economic loss and illegal gains of commercial secrets, and puts forward some countermeasures for the industrial and commercial authorities to solve the problems and difficulties in commercial law enforcement.