Covenants Not To Compete In China's Trade Secret Protection

As one of the major approaches,non-competence is accompanied by the protection of business secrets.By means of document searching and comparative study,the author of this thesis has defined the three essential elements of non-competence,i.e.confidentiality,valuableness and manageability,and analyzed their relevant contents.The author has also illustrated the differences between non-competence and confidentiality agreement,duty of loyalty and collateral obligation,and the conflicts in the rights of non-competence systems.Based on above analyses,the author has put forward his ideas as follows:the obligation subject of non-competence consists of the stockholders,the employees and the supervisors;the connotation of the obligation of non-competence should be made clear in law;the Legal effect criteria should be instituted for non-competence agreements.The author has also conducted his personal analyses on the conditions for the validity,rationality and influential factors of non-competence agreements.Combined with the specification in Chinese laws,the author has done some researches into the existing problems and put forward some suggestions for improvement,in purpose of understanding and implementing the non-competence system in China comprehensively and correctly,and contributing to our legislation improvements and judicial practices.