A Research of Prohibition of Business Strife Agreement in Trade Secrets Protection
|School||Huazhong University of Science and Technology|
|Course||Civil and Commercial Law|
|Keywords||Trade secrets Prohibition of business strife agreement Confidentiality obligations Inevitable disclosure doctrine|
Prohibition of business strife for protection of trade secrets is the controversial problem from the date upon its execution. With the publication of the Labor Contract Law in January 1, 2008, it has strengthened the reasonable regulations of Prohibition of business strife. But it is still inevitably encounter dispute and controversy in the actual operation process. Mainly reflects in the questions about the relationship between the potency of Prohibition of business strife and confidentiality agreement, determination about the nature of dispute and definition of compulsory object and so on. Meanwhile, there is not a specific basis for how to adopt effective regulation to settle disputes. At present, our country’s existing regulations are scattered in department regulations and local regulations, and has not establish the scientific and systematic system about prohibition of business strife. Therefore, further study on this subject is conducive to perfect the prohibition of business strife system.This article uses the case analysis to research the disputes of prohibition of business strife in protecting trade secrets from the perspective of the protection of trade secrets, and use the comparative analysis to compare the prohibition of business strife of domestic and overseas. Finally propose the legislation suggestions to consummate the prohibition of business strife to ensure the business secrets get better protected. The thesis includes 4 Parts as following:The first Part begins with the conception of prohibition of business strife for trade secrets protection,basic classes and Putting forward the existing issues for protection of trade secrets.The second part studies the relationship problem between prohibition of business strife and protecting trade secrets, and points out the defects and shortages prohibition of business strife. The third Part mainly discusses the typical issues of prohibition of business strife agreement in the process of protecting trade secrets. Such as the relationship between prohibition of business strife agreement and confidentiality agreement, the influence about efficacy of prohibition of business strife agreement to confidentiality obligations and the labor arbitration judicial decisions is the preceding procedure or not.At last,analyzes the prohibition of business strife for trade secrets protection overseas to link up with the controversial issues which have discussed in third part ; meanwhile, according to the defects of current legislations to find out what we could learn from the foreign legislations, draw on the inevitable disclosure doctrine of American and concrete proposals are brought forward to consummate the prohibition of business strife system for trade secrets protection in China.