On Legal Protection Of Corporation's Trade Secrets Through Talent Mobility In Our Country

In the knowledged-based economy age, trade secrets play a more and more important part in the competition of enterprises as a kind of intangible asset with immense economic possibility. Meanwhile, as the development of traffic and communication, it becomes more frequent that human resource moves among different enterprises. The movement of human resource brings about trade secrets'loss, economy advantage's damage and market order's destruction. From this, many disputes are generated.It is at the stage that the fundamental research on legal protection of trade secrets are in hundred school of thought contends in our county. The research hasn't formed the unification also authority's theory system yet. But the intensified damage of human resource movement to the enterprise'trade secret is also revealed day by day along with the recent years society's informatization. In view of some questions, it is still lacked of pointed fundamental research.At present, our country is following several aspects of obvious questions to the legal protection of enterprise'trade secrets in human resource movement. Firstly, the prevention mechanism of employee encroaches upon the trade secrets behavior are waiting for the research. Regardless of signing the security agreement, or signing the competing industry prohibition agreement, there also has some disputes. Secondly, it is in lack of specific stipulation in situation of the good intentions third person encroaches upon the trade secret. Thirdly, the legal relief mechanism after infringing still not to be perfect. On one hand, there is no regulation on the business secret right person's relief measure had not stipulated to the lawsuit; On the other hand, after recognition of the abuse of authority, whether the right infringement person should undertake the punitive damage compensate question still to have the dispute.The legal protection question of enterprise trade secret in the progress of human resource movement involves to the enterprise, the employee ,the third person of legitimate rights ,as well as the social public interest. Therefore when studies on this question, we must observe for the social public interest maximization under the premise, balance keeps secret volunteer's employee two benefit as the trade secret right person's enterprise and the achievement, simultaneously gives dual attention to has does not take the voluntary the third person of legitimate rights and interests basic principle. Not only we must embark from the protection business secret objective, fully displays the trade secret regarding the maintenance competition order, the protection intelligence achievement, the promotion science and technology research and development function, simultaneously and must protect employee's legitimate right to work, gives dual attention to the third person of reasonable achievement right. In civil law, economic rules and regulations, administrative law, criminal law and so on in many kinds of theories basis foundation, perfect our country human resource flow center enterprise trade secret legal protection existence question.This article through the utilization management study about the enterprise organizational structure knowledge, from the enterprise interior analysis trade secret the mechanism which encroaches upon, summarizes the human resource flow center employee and the third person encroaches upon the enterprise trade secret the concrete behavior, subsequently take the civil law study, the administrative jurisprudence, the criminal law study legal protection theory as the foundation, the model trade secret legal protection advanced countries legislation experience, unifies the our country concrete national condition, how discusses solves the above problem.