On The Covenant Not To Compete For Trade Secrets Protection

The transferring of talented people is the main channel for the losing of trade secrets. By placing reasonable restrictions on free competition and the employee's action, the covenant not to compete is placing an important role in trade secrets protection. As a precautionary measure, it's an effective means for the employer to protect his trade secrets. Because of the restrictions the covenant not to compete impose on the employee's rights to work and to live, most of countries make strict regulations to restrain the covenant not to compete. At present, there are not any overall and systematic rules about the covenant not to compete for trade secrets protection in our country's national legislation. Moreover, the current regulations are so imperfect that they can't fit in with the needs of the society. As a result of that, people's rights and lawful interests can't be safeguarded to the fullest extent. This thesis analyzes the importance and the effective conditions of the covenant not to compete for trade secrets protection; studies the civil liability resulting from breach of the covenant not to compete for trade secrets protection; put forward many proposals for the perfection of legislation according to the defects of current regulations. There four chapters in this thesis.The first chapter of this thesis discusses chiefly the importance of the covenant not to compete for trade secrets protection. It's the basis for the later discussion. In this chapter, the author makes clear the concept of the covenant not to compete for trade secrets protection at first: they are agreements between the employer and the employee to protect the employer's trade secrets, prohibiting the employee doing competitive work during a given period and a given range when he leave the former work. The reasonableness of the covenant not to compete is a contentious problem. Base on refuting the negative view, the author points out that it is necessary to approve the...