The aim of this study and research is to understand the current situation and the policy including the law about the secret trade infringement related with China. Korea made a free trade agreement with China in 2014, Korea and China are going to share common market between two countries. The policy about the secret trade infringement may vary in their own situation, each country has their characteristic about national culture, company culture and individual rights that can affect the protection of secret trade.
Korea and China become a economic community and living community in the present, such tendencies make two countries recognize common problems and feel the necessity to establish common organization that can discuss the legal issues.
Korea government needs to ascertain the education and publicity about the protection of the secret trade and let the Korean companies including the Korean companies in China know the current situation about the infringement of secret trade and legal problems.
Each country has their own criminal policy about the protection of the secret trade because the severity of punishment of the secret trade infringement can affect the economic development especially for the developing countries, but the proper protection of intellectual property including the trade secret is beneficial to the common economic community and the common market.
Korea and China including the other countries in Northeast Asia are going to share a living territory and economic market, they need to discuss a common regulation and the sorts of the proper punishment about the secret trade infringement for their co-prosperity.
The mutual assistance in criminal matters between Korea and China has been performing well in principle, but several problems like cyber crime and the secret trade infringement are difficult to discuss and hard to share the common regulation due to some problems like the establishment of the jurisdiction and the difference of the legal requirement based on their legal policy and legislative adjustment.
Above all, Korea and China including many countries in Northeast Asia need to have more chance and much time to share the common recognition and the joint confrontation about the secret trade infringement including the proper reflection of the agreement of TRIPS, nevertheless the confusion of the common rule in Northeast Asia.