| The globalization of economy and the rapid development of the science and technology, had brought more vigor and vitality to us, also proposed the stern challenge to us. As a kind of intangible asset, more and more enterprises start to attach importance to trade secret. With the rapid development of the knowledge economy, the phenomenon of the invasion of trade secret are everincreasing, the performance also changes with each new day. Therefore, it appears important to protect trade secret through the legal form. However, it's so difficult to protect trade secret, because of complexity, secrecy and mistiness of itself. Looking over the legislation and the judicial practice about trade secret protection in various countries, establishing a reasonable Prohibition of business strife system is an effective procedure, which should consist of trade secret protection law, unfair competition law, labor law, contract law, corporation law, criminal law, and so on.Prohibition of business strife system is a kind of mechanism, which has a function of protecting employer's trade secret and balancing requests of legitimate competition and freedom between the employer and the employee. In fact, it's a combining result of economy, law ,science and technology. We have to face the conflict of interest between different social groups in the process of protecting trade secret. Making a comprehensive view of the Prohibition of business strife system's history, its function is encouragement and regulation, there is not absolute advantage, but the relative and changing advantage. The basic goal of Prohibition of business strife System, is maintaining the balance of each kind of social benefits and the maximization of benefits.For the arrangement of the thesis's structure, the thesis includes 4 parts as following:Carrying on comparative research and by the way of differentiating trade secret related to TRIPS protocol and other countries, the first part... |
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