Trade Secrets Under The Protection Of The Noncompete

In a competitive market environment, in order to occupy a certain market share, enterprises are required to Owned business secret which is not known for the public and can bring benefits of technology information and management information to the enterprise. As a business secret protecting the employer and balancing employer and employees, the prohibition of business strife system has to face the conflict of different interests in the course of business secret protection. Seen from the development history of prohibition of business strife system, the construction process is a course of balance and coordination. There is no absolute superiority interests, only the relative advantages and changing interests in it. The fundamental purpose of establishing prohibition of business strife system is to keep the balance of various social interests and the maximal interests overall.In consideration of protecting business secrets, many enterprises had already enact regulations and norms in prohibition of business strife, that is, it is unlawful for the staff to compete with enterprise during and after service period. However, in accordance with our Constitution, the Labor Law and the other laws and regulations, the employees enjoy the right to freedom and the right career freedom. This requires mat prohibition of business strife of commercial secrets must be placed under the reasonable restrict conditions.Although prohibition of business strife has already been enacted in some laws in China, but compared with foreign advanced countries, a lot of systems need to be improved. This paper is divided into five parts on the protection of business secrets in theory and practice.The first part, the general principles of prohibition of business strife system. This part introduces the difference between the concept of business strife and some associated concepts. The author classifies statutory, agreement and after-service and in-service business strife on the legal point of view. Since China's current stage of business strife is almost after-service business strife, the contract effectiveness of business strife is especially important to balance the conflict between employers and employees. This paper regulates the effective elements both in form and substance.The second part, domestic and foreign legislation on prohibition of business strife system. The author introduces the legislation of the United States, Germany and Japan in the hope of gaining experience. Also, The author analysis the state of legislation of prohibition of business strife system in China, which is used to be prepared for the demonstration below.The third part, the necessity of prohibition of business strife system in business secret. It is important to establish prohibition of business strife system in business secret because of the flow of talent. The economically rationality of establishing prohibition of business strife system in business secret is also demonstrated.The fourth part, the measure of the system benefits. In the protection of business secrets, prohibition of business strife system must face the conflict of interests inevitable. How to solve the conflict? The answer is "measure of benefit". The author demonstrated the method of protection of business secrets and public interests balance for prohibition of business strife system.The fifth part, the construction of reasonable prohibition of business strife legal system. Because of the state of legislation in China mentioned in the second part, the author points out the defects and shortcomings of prohibition of business secret. The author also advises some measures to improve the prohibition of business strife system.