On Legal Protection Of Trade Secrets In Labour Relations

Trade secrets have become a big issue in the knowledge economy era when intellectual properties have become commercialized, industrialized and internationalized, especially with the high protection of intellectual property rights brought by the highly developing network. It is of great importance to compare the protection of trade secrets between China and other countries.China's trade secrets infringes increase while the relative law is weak, and due to the scattered and incomplete nature of the legal system, there are still problems and uncertainties in the protection sometimes. It is also of great significance to improve the legislation of China's trade secrets protection law。Anyway, how to effectively protect trade secrets has become a new topic in the fields of both research interest and judicial practice. This dissertation tries to find out the effective way and hopes to be as a suggestion for the improvement of China's trade secrets protection law and protection way in the labor- management relation area. This dissertation comprises four parts:Part One. This part starts with the basic questions concerning trade secrets and the relationship between employer and employee. It analyses the concept and functions of them and also analyze the confliction of protect employer's profit or employee's ;Part Two. This part studies the ownership of trade secrets between the employer and workers;Part Three. This part researches two legal methods of trade secrets protection in the relationship of labor-management;Part Four is the brief introduction about how to deal with the situation -----when the liability of infringement and the liability of breach happen at the same time.