Noncompete System Of Trade Secrets Protection

While the market economy is establishing and developing, the trade secret as "secret arms" of the competitor of the market is becoming more and more important. One of the most important trade secret is vital for an enterprise to hold or lose it. The complexity of economic environmental in modem society and the severity of competition are developing increasingly, which makes the phenomenon of infringing trade secret become a trend. The protection of trade secret is an international problem. Person is the trade secret's carrier. It is usually because the special person betrays and uses the trade secret that it is lost. The prohibition of competition in the same industry system can guard the channel of trade secret at headstream, which could in a certain extent restrict the special person to betraying and using the trade secret. The prohibition of competition in the same industry system, which could protect the trade secret, is increasingly developing an effective means for protecting the trade secret. However, at present the descriptions about the prohibition of competition in the same industry system for trade secret protection in our country merely appears in laws, administrative regulations and regional legislations, which are not systemic, general, consistent and empty of national uniform legislations. The descriptions involved are in principle and not concrete, which are short of maneuverability in practice, so that the trade secret can not be protected by law and establishing the self-contained jurisprudence about the prohibition of competition in the same industry system for trade secret protection makes sense actively in theory and fact.In the thesis, analytical method in criterion is adopted to analyze legislative actuality about the prohibition of competition in the same industry system for trade secret protection in China and analytical method in comparison is adopted to analyze the prohibition of competition in the same industry system for trade secret protection overseas. At last, the concrete proposals are brought forward in order to consummate the prohibition of competition in the same industry system for trade secret protection in China as soon as possible and protect the trade secret efficiently.The thesis includes 4 parts as following:The first part begins with the conception of the prohibition of competition in the same industry system for trade secret protection, and then introduces the legal characteristics, basic classes and the base of theories in brief.The second part based upon the criterion of legal prohibition of competition and covenants not to compete analyzes legislative actuality about the prohibition of competition in the same industry system for trade secret protection in China and points out the legislative limitations respectively.The third part analyzes the prohibition of competition in the same industry system for trade secret protection overseas and finds out what we could learn from the foreign legislations.At last, according to the defects of current legislations, concrete proposals are brought forward to consummate the prohibition of competition in the same industry system for trade secret protection in China.