China Trade Secret Protection On The Issue Of Non-competition Laws

There can never trade war without secret.The enterprises have t-aken measures to keep the technological and managerial information astheir own trade secrets which can bring them profits and which are not familiar with the pubic so that they can have a position of adv-antage in the competition. However, even the strictest measure can never prevent infringement by unjust competition because people can still find the hole. Up till now, the mobility of talents has become a trend and will lead to the lost of trade secrets developed and c-ontrolled by the talents. As a result, disputes over trade secrets has mushroomed. Most enterprises especially those technology intense enterprises have had regulations and agreements on their staff mem-bers against the competition of the same business by means of by laws or contracts to protect the trade secrets as at present, talen-ts mean fortune and knowledge is fortune.This thesis starts with trade secrets and makes it as the base for the issue to stop competition of the same business and draws the conlusion that talents mobility is the main cause that leads to tr-ade secrets infringements and it is a good way to establish the sys-tem to stop competition of the same business. After that,the thesis elaborates on the meaning of and the theory foundation for trade restraint with the introduction of the trade restraint system from other countries;besides,who should take the responsibility of trade restraint which will be given a good analysis in this thesis;the contract for trade restraint is a usual way to prevent the leak of the trade secret,wich will be given a good legal analysis at last,this thesis has presented some feasible suggestions to perfect our present law in trade restraint from the point of the legestration,jurisprudence and the inner part supervision of the interpries as per our present situation of trade restraint.