The Legal Protection Research of Enterprise's Trades Secrets in Flow of Talent in Our Country
|Keywords||Trade Secret Flow of Talent Revelation Reason Security Measur|
In the knowledged-based economy age，trade secrets play an increasingly importantrole on the competition of company as the intangible property with immense economicpotential. Meanwhile, With the rapid development of economy，it is more frequent forthe human resource flow among different enterprises. The movement of human resourcebrings the loss of trade secrets, the damage of economy advantage and the destruction ofmarket order. From this, many disputes are generated. There are certain contradictionsin the protection of trade secrets and the flow of talent. Basically, business objective andworks have certain conflicts in the interests, the former intends to seek to maximizetheir own profits, the latter intends to pursue the maximization of wages and benefit.The law should adjust them and get the balance between them.Around the legal protection of trade secrets in the flow of talent, first of all, thearticle present the concept, characteristic and type of trade secrets and definite theproperty nature of equity of trade secrets and point out that trade secrets belongs to theintellectual property rights. Then, make in-depth interpretation of the conflict in theflow talent and trade secret protection, introduce the current situation of infringement oftrade secrets. After, analysis the reason of infringement of trade secrets and theproblems of the protection measures for trade secrets and the leak ways of trade secrets.Finally, in order to make a contribution to the legal protection research of enterprise’ssecrets, in the light of current status and the lack of trade secret legal protection in theflow of talent, put forward the improvement suggestions. Improve the legislation oftrade secret and make sure that the protection of trade secrets must be laws to abideby.Improve the cryptosecurity trade secrets and strengthen the management ofcomputers, printers and faxes. Confirm the confidentiality person, expires and scopewhen sign a confidentiality agreement. For the non-competition system, the law shouldclear the criterion of expires, territorial scope.