To Noncompete Research - The Noncompete Agreement

The leaking of the trade secrets caused by talents flow, especially the resigned former employees of high-level management and technology talents who grasped enterprise trade secrets will engage in competition, and the result will be serious. Currently, utilizing the covenant not-to-compete to keep trade secret is significant theoretically and practically.This thesis starts from several typical cases happened in China and foreign country in recent years, explicating the definition of not-to-compete and existing theoretic reasons. Then it sets forth the definition and character of covenant not-to-compete, as well as the unique function to protect trade secret. By comparing the covenant not-to-compete development, legislation and practice in Chinese with that of foreign countries, so we clearly see, our country's rules are scattered without a systematical form, the content is also fundamental and simple, and covenant not-to-compete rule is vacant at present. The author makes a in-depth analysis from resigned former employee promissory covenant not-to-compete integrating the detailed cases. It is suggested that from the legislative perspective, China shall enact Trade Secret Law as soon as possible, and make special provisions for covenant not-to-compete as nominate contract, thereby to consolidate and consummate current laws. About effects of covenant not-to-compete, it is suggested to make clarification in those aspects as obligation party, protecting interest, not-to-compete terms, regions, occupation and compensate to identify. Finally, the thesis offers the suggestion that an pretrial relief system should be set up through judicial interpretation, based on concerning rules of Civil Procedure Code of China and, also, a reference to the injunction system of common law.