The Study On Prohibition Of Business Strife System For Trade Secret Protection

Trade secret is a product of the development of socialist market economy. To occupy a position of advantage in the competition, an enterprise must possess trade secrets. Trade secret is unknown publicly information which is of practical use, great value and can bring economical profit to oblige. Up till now, the transferring of talented people has become a trend and will lead to the lost of trade secret developed and controlled by the talented people. Thus it has posed the threat to the trade secret protection. In the true life, disputes over trade secret have emerged in endlessly. More people have paid attention to trade secret protection gradually.In order to avoid letting out the trade secret of enterprises, especially the transferring of talented people let out the trade secret, more and more information concentrated enterprises have passed regulations and covenants not to complete to forbid their employees to compete with their own enterprise by means of stipulating for agreements or internal regulations, thus maintain their market competitive advantage status. Prohibition of business strife is an effective means for the enterprises to protect their trade secret, at the same time it impose on the employee's right to work.This paper starts with trade secret protection and considers that transferring of talented people is the main cause leading to trade secret lost and it is necessary to establish the system of prohibition of business strife. After that, the paper introduces the meaning of prohibition of business strife and the theory foundation of prohibition of business strife. By analyzing the different regulations on prohibition of business strife in different countries, concerning common law system countries and civil law system countries, put forward many proposals for the perfection of prohibition of business strife according to the defects of current regulations in our country. Finally, the paper investigates into the covenants not to complete, bring forward covenants not to complete must accord with validity and rationality criteria.