Inevitable Disclosure Doctrine

The inevitable disclosure doctrine is different from the traditional trade secret law. The doctrine can make the courts take some measures to protect the trade secret from misappropriation. In other words, the pre-employer can appeal to the court issue the injunction when the former employee will inevitably use or disclosure his pre-employer's trade secret in his competitor's company. The doctrine of inevitable disclosure derived from the legal cases in America. First, The thesis examines the emergence, development and application of the doctrine of inevitable disclosure by discussing American legal cases. The thesis points out the imperfections of the traditional trade secret law and the significance of application of the doctrine of inevitable disclosure, analysis the nature of the doctrine, gives the proposals of the condition and the scope in applying the doctrine in order to standardize the doctrine. The final section expounds the necessity of application of the doctrine in China so that improves Chinese trade secret law.