Discussion On The Protection Of Trade Secrets And The Inevitable Disclosure Doctrine

Trade secrets, an integral part of intellectual property, are playing an increasingly important role in the modern society. Currently in our country the cases of trade secrets are emerging one after another, among which most of them are cases of trade secrets infringement. However, it is disputable to identify the infringement of trade secrets in judicial practice. So the author elaborates the constitution of infringement of trade secrets and the method to confirm it, which mainly focuses on the discussion of certain problems in identifying the infringement of trade secrets. With the development of the economy and technology, the frequent flowing of the person who holds trade secrets brings new and severe troubles to the protection of trade secrets. The United States led in the introducing of the inevitable disclosure doctrine. The author abstracts out the applicable terms and concrete contents of the inevitable disclosure principle from American typical legal precedents to make the principle more detailed. Finally, the Article introduces the regulations on the protection of trade secrets after the employee resigned or was unemployed from his or her job in China. And based on this foundation, the author outlines a mode for the protection of the trade secrets after the employee left his or her job, expecting that such mode is helpful to the protection of trade secrets in our country.