The Study On Non-competition Legal Problems Under The Protection Of Trade Secret

Along with the development of market economy, the important meaning of trade secret in the market competes is more and more obvious. The trade secret is the fourth intellectual property right field after the patent,trademark and copyrights, it contains sky-high commercial value and social value, and can bring its owner huge economic benefits and potential competitive advantage. Although the trade secret is belongs to employer such as enterprise, but it is created and used in man's labor process, the laborer is an activating vector of the trade secret. But in the day that the market economy is established and developing, the mobility of labor force resources has already become normal. This case inevitably increased the possibility of revealing employer's trade secret. For this reason, the phenomenon of infringing on trade secret also more and more in practice. Therefore the non-competition system emerges as the times require. The non-competition system is the effective means of protecting trade secret in mobility of labor force under the market economy condition, has been more mature in the western market economy developed country. However, the market economy system of our country is established just now and developing gradually, the non-competition legal system still can't adapt to actual demand, it needs to perfect right away. This paper is exactly to take this as a starting point, analyzing and perfecting the non-competition legal system of our country by analyzing the fundamental theory of trade secret and non-competition and the comparative study on extraterritorial non-competition legal system.In addition to preface and epilogue, this paper is totally divided into four big parts:The first part is the related basic introduction of the non-competition legal system under the protection of trade secret. This part puts forward the question of non-competition starting with the general outline of trade secret, and introduces concept,history evolution and legal characteristics of non-competition.The second part is the study on theoretical problems of the non-competition legal system. This part firstly studies the rationality foundation of the non-competition legal system, and then differently studies three theoretical questions. These questions respectively are the classification of non-competition,the object of non-competition and the non-competition covenant related to the non-competition legal system.The third part is the comparative study on non-competition legal system. This part respectively compares the non-competition legal system of the main and representative countries and regions in Anglo-American law system and civil legal system, and analyzes and summarizes the basic characteristics of the extraterritorial non-competition legal system.The fourth part is the non-competition legal system of our country and its perfection. This part firstly analyzes the legislation actuality of our country's non-competition legal system, and makes a rethink of main problems in current non-competition legal system of our country. Then it is the thinking of perfecting the non-competition legal system of our country. There is the grasping of the total principle of perfecting our country's non-competition legal system at first. Finally, according to the classification of statutory non-competition and promissory non-competition, the writer thinks deeply in allusion to perfect specific provision in our country's non-competition lawmaking. In thinking, the writer makes the specific legislative suggestions by analysis. It is in the hope of providing some beneficial elicitation and experience to perfect our country's non-competition legal system.