Non-disclosure Agreement Protection On Proprietary Information

In modern society, With the development of science and technology, information search, possession and ability to protect undoubtedly become more and more important for development of enterprise. Traditionally, the protection of trade secrets gradually can not meet the needs of enterprise. Proprietary information which did not reach the level of protection of trade secrets has become an increasing concern. However, legislative always falls behind the development of society. Because of the lacking of law protection to proprietary information, non-disclosure agreements play a main role in the protection of proprietary information. Non-disclosure agreements on the protection of proprietary information is the choice of practice, also has a theoretical possibility. There are so many advantages that companys prefer to choose NDA to protect their proprietary information. The contents of NDA is the focus of this paper. In China, the legislative protection of proprietary information is missing, the provisions of the confidentiality agreements are too simple.So NDA can not offer effectively protection to owner's interests. It is necessary for China to improve the NDA provision as soon as possible.This paper is divided into four section, the main contents as following:First section: A summary of proprietary information and non-disclosure agreement. Expounded the meaning, extension, and the characteristics of proprietary information. Discriminate between proprietary information, confidential information, undisclosed information and trade secrets. Expounded the meaning and characteristics of non-disclosure agreements. Made a comparative study on the common points and different points between non-disclosure agreements and non-competition agreements.Seconde section: The analysis on non-disclosure agreements protecting proprietary information. Expounded theory factors on non-disclosure agreements protecting proprietary information from three visions: necessity, feasibility and advantages.Third section: The contents on non-disclosure agreements protecting proprietary information. First of all, discuss the basic principles on non-disclosure agreements protecting proprietary information from autonomy principle in private law and the principle of good faith. Secondly, go into the contents of non-disclosure agreements from the protection of objects, rights and obligations, the term of protection, protection measures, noncompete clauses and breach of contract responsibility.Fourth section: The legal thinking on non-disclosure agreements protecting proprietary information in China. Through analyzing the status of legislation on confidential agreements in our country, put forward the problems on non-disclosure agreements protecting proprietary information in China and aboard. On this basis, take some advice on how to improve non-disclosure agreements protecting proprietary information from the legislative, judicial and business management in China.