On The Labor Relations Of Trade Secret Protection Of The Law

As we are stepping into the so-called intellectual economy era, the legal protection of trade secrets has become an important subject of the law. There are many ways to divulge a trade secret and the way by an employee or employees is the most-frequently happened. So how to protect trade secrets in labour-capital relations is a subject of special significance.The law adjusting labour-capital relations has conceptual conflict with the law protecting trade secrets. The labour law is at first place a law for protecting the interests of the employees, and then can be called a law for management of labour. This characteristic of the labour law not only embodies its legal function for social balance, but also the need of human rights protection. On the other hand, to protect trade secrets is actually to protect the employers'interests who on most occasions are the owner of trade secrets. We can see that the emphasis of the law protecting trade secrets is opposite with that of the labour law. So it is necessary to balance the interests between the employers and the employees for protecting trade secrets.This thesis then discussed two practical measures for trade secrets protection. Trade secrets-keeping agreements are direct measures and no-competition agreements indirectly. Nevertheless, the effectiveness, rationality and legality of these measures is still decided by the balance of the interests of the two parties of the labour-capital relations.At last, a good protection of trade secrets is depended on the improvement of the law itself. This thesis finally come forward with some personal opinions on the enactment of China's new trade secrets law from the angle of labour-capital relations, involving the definition of trade secrets, the liability of the employees and the warranted infringement of trade secrets and hope they may have some value.