A Study of Non-Competition After Demission in Trade Secret Protection
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Trade secrets Labor and employment rights Leaving noncompete|
Knowledge rapid economic development has brought accelerated flow of factors of production. In recent years, with China's economic structural adjustment and development mode the acceleration of the pace of change, as well as industry after joining WTO upgrading various emerging enterprises, especially high-tech enterprises have sprung up where they stand. Increasingly intense competition for human resources in the enterprise. The flow of talent is the inevitable result of the socio-economic development, in turn, is also conducive to the rational allocation of resources, promote economic development. Mutually reinforcing virtuous cycle of this talent and social development is an important symbol of the modern social progress. However, the opportunity is always accompanied by challenges, employees \Remind us of the history of developed countries, and China's reality, the most important channels for the loss of corporate trade secrets to employees \Employee turnover away corporate trade secrets, or live on their own, or \With staff leaving the original units compete for business opportunities, the the original units typical case to court - Shandong food v. Ma Daqing case caused the author of the research interests of the staff leaving the corporate trade secrets protection. In this paper, the case for clues, analysis of the theoretical issues of the case triggered a major controversy, and controversy behind. I followed the case of the two main controversial point, through a combination of theoretical analysis and the merits commentary analysis of the theoretical issues of trade secrets, leaving the principle of non-compete and legal regulation Finally, according to the case exposed the reality on Improving China The departure the noncompete system proposed in the protection of trade secrets is recommended. The paper is divided into five parts: The first part the typical case triggered the research interests of the author - the Shandong Food v. Ma Daqing case made its case decision points are summarized, pointing out that the two main controversial point in a final decision on appeal, that commercial secret identified the problem, as well as employees after leaving by the manner in which the protection of trade secrets, and behind the cases caused by trade secret rights and workers' employment rights dispute further analysis, that reconcile the legitimate rights and interests of employees after leaving the conflict an effective way to post-employment noncompete system. Follow the case, the second part of a controversial point, the basic problem of the trade secrets theoretical research. This section first analyzes the legal connotations of trade secrets, the constituent elements and scope of the concept of trade secrets, elaborated, and then discusses the protection of trade secrets laws, several legal issues, and the last case in accordance with the above theory of Shandong food v. Ma Daqing trade secrets identified issues put forward the views of the author. The second controversial point of the third part followed the case, the theoretical research on trade secret protection for employee turnover - termination noncompete system. This section first analyzes the the noncompete general principle, then explore leaving the noncompete The legitimacy and system value, according to the functional characteristics of the system, further analysis of the restrictions on leaving noncompete Finally, with case leaving noncompete basic theoretical issues were reviewed. The fourth part of the analysis of the performance of the the separation the noncompete system in the substantive law. This section first turnover noncompete laws produced research on comparative law, then comb the termination non-compete provisions of existing laws and regulations, in particular the provisions of the \and pointed out that the status and problems of the operation of the system in our country. The fifth part is how to improve our departure the noncompete system exists, the case exposed a few outstanding issues were discussed and made recommendations.