Non-competition and Trade Secret Protection
|School||Huazhong University of Science and Technology|
|Keywords||Trade Secrets Trade secret protection Noncompete Actually prohibit trade agreement|
As the world economy continues to develop, the degree of globalization continues to deepen , the flow of talent have become increasingly frequent , and now a lot of trade secrets dispute cases also show that the flow of talent loss of trade secrets is the most important channels . Since the definition of trade secret law is not clear enough , so the flow of talent in the protection of trade secrets issue became difficult . The trade secret rights holders and the contradictions between employees is particularly evident. Therefore noncompete agreement as a business secret protection precautions beforehand so extremely important . And how to protect the company's trade secrets in the right career and maintenance of the right to freedom of workers to seek an appropriate balance between the point is to study and resolve trade secret protection in the noncompete agreement crux of the issue . Article first part of commercial secrets and noncompete are outlined , including trade secrets and noncompete emergence and development as well as definitions and characteristics . Then, in the second part discusses the relationship between the two , and the third part through the analysis of the current number of cases in the judicial practice of non-compete and trade secret protection disputes issues, and proposed to solve these problems methods and recommendations. The last part of the first from the perspective of comparative law , the United States , Germany, Japan, and Taiwan, China on noncompete and trade secret protection legislation and jurisprudence are outlined , and then China's current legislative situation has also been described accordingly , and finally through comparative research and analysis as well as abroad come to Taiwan, China on noncompete and trade secret protection legislation with regard to the place is worth learning , and gives recommendations to improve the legislative status quo .