Several Legal Issues Involving Trade Secrets

Nowadays the human resources market has becoming increasingly active. The timespeople changing their jobs, particularly high-tech people, become more and morefrequency. Those are playing an increasingly important role for the rational allocationof human resources and promoting the transfer and application of science andtechnology, but simultaneously, it’s also caused a lot of questions about trade secretsinfringement. Not only does it violates the legitimate interests of trade secrets rights,but also seriously disrupted the economic order of fair competition in the market.There have only compensatory damages’ rule in relative laws, but no punitivedamages provisions. Thus in a trade secrets infringement case, the price paid by thedefendant of its infringement is much smaller than its interests. It’s a mainly reasonwhy those years commercial secret infringement cases increasing more and more. Thecase of Siwei Company software reflects the frequency of cases of trade secretsoriginated from the conflict of interest and how complex and difficult of theinfringement relief.In this paper, through the legal analysis on the case of Siwei Company software, thispaper elaborates on the elements of trade secret infringement and the problem ofcompetition restrictions. And also leads to the thinking of the Siwei Company tradesecrets case, then points out that trade secrets should be protected. The countryurgently needs a fully system code "trade secret protection law”.This article is divided into five parts. The first section describes the case and the focusof controversy about this case. Through the complaint and the decision of the court onthe case of Siwei Company software, we can draw a conclusion that Computersoftware is the trade secret. The second part is the cognizance of the commercialsecret. Through the analysis of computer software business secret infringement todemonstrate the components of the Siwei Company established business secret appeal.The third part is the problem of competition restrictions; Siwei Company businesssecret case triggered thinking. The fourth part explains the dispute solution of tradesecret. The fifth part in conclusion legal advice shall ruling the competition restrictionfully system, in order to protect the legitimate interests of the staff and improperstaff’s freedom, to rule compensation on competition restrictions, to enlarge the tortparty burden of proof on the procedure, to establish a punitive compensation system.