Under the Protection of Trade Secrets Legal Issues of non-competition
|Keywords||Trade Secrets Labor mobility Non-competition Non-competition agreement The balance of interests|
With the development of market economy, trade secrets in the importance of competition in the market even more prominent. Trade Secrets is the second patent, trademark and copyright, the fourth largest area of intellectual property, which contains a high commercial value and social value, give their owners bring huge economic benefits and potential competitive advantage. Although attributed to corporate trade secrets and other employers, but it is in the process of creation and the use of labor, the laborer is a commercial secret activation carrier. The establishment and development of the market economy today, the flow of labor resources has become the norm. This inevitably increases the employer the possibility of leakage of trade secrets, in practice thus violating commercial secrets of the phenomenon is also increasing. This non-competition emerged. Non-competition as a market economy under the conditions of labor mobility in an effective means of protection of trade secrets in the Western developed market economy countries have formed a relatively mature legal system. Moreover, China's market economic system has just established and gradually evolving, non-competition legal system still can not meet the practical needs urgent need for improvement. This article is as a starting point, through the basic theory of trade secrets and non-competition analysis of the problem and the legal system for non-competition extraterritorial comparative study to analyze and improve our non-competition legal systems. Besides the introduction and conclusion, the paper is divided into four parts: The first part is a commercial secret competition restrictions under the Protection of the legal system related basic introduction. Introduction This section starting from the commercial secrets non-competition issues raised, and the concept of non-competition, historical evolution and legal characteristics are described. The second part is the non-competition Several Theoretical Issues of the legal system. This section first studied the non-competition legal system based on rationality, and then were classified on the non-competition, non-competition and non-competition agreements objects three non-competition law regime would involve theoretical issues studied. The third part is the non-competition law regime Comparative Law. This section respectively, common law and civil law countries and regions, the main representative of the legal system were compared to non-competition and non-competition outside of this analysis summarizes the basic features of the legal system. The fourth part is our legal system and its perfect competition restrictions. This section analyzes the legal system of non-competition legislation situation, and China's current legal system non-competition main problems with a reflection. Then it is for the Perfection of the System of non-competition law. First among these is a perfect legal system of the general principles of non-competition grasp, and finally according to the statutory classification of non-competition and non-competition agreement, non-competition legislation on specific provisions of the perfect in-depth thinking. Thinking, the author analyzes and proposed relevant specific legislative proposals in order to be able to improve the legal system of non-competition provide some useful inspiration and reference.