The Study On Conflict And Coordination Of Rights On Business Secrets Protection

With the development of economy and its globalization, commercial secrets, as aspecial kind of Intellectual Property Rights, have inestimable values to obligee, so manycountries in the world now begin to lay unprecedented importance on the protection ofcommercial secrets. To achieve this aim, the developed countries take the lead inadopting the system of non-competition covenant and it works out well. Thus, manyother countries follow to take this means, so as China. Curbing the depravation ofinfringement of commercial secrets to a large extend, the system of non-competitioncovenant has made great contributions to protecting commercial secrets, and thusprotect the interests of the commercial secret owner. However, non-competitioncovenant system is a double-edge sword. It protects the interests of the commercialsecret owner on the one hand; it also restricts the free choice of employment of workerson the other hand, which poses a threat to the public interests. This thesis is herebywrote to examine this issue.This thesis consists of four parts. In the first part, the author gives a generalanalysis on commercial secrets. In practice, the obscure understanding of commercialsecrets is one of the causes that aggravate the conflict of rights, so it is necessary tomake clear the definition, components and legal attributes of commercial secrets. Thesystem of non-competition covenant is dealt with in the second part. The authorcompares the current situation of the system in developed countries with that of China,and also points out the shortcomings in that system of China. The third part is the coreof this thesis which focusing on the right of commercial secrets, Right to Work and theconflict of public interests. It defines the Right to Work and public interests, and studiesthe form and causes of conflicts as well. The forth part gives four suggestions as to theperfection of the system of non-competition covenant in our country, with the hope toprovide solutions to the conflicts resulted from the system of non-competition covenantas well as enlightenment to theoretical studies and law practice. The four suggestionsare: to make it clear the three fundamental principles of non-competition covenant, toperfect substantive provisions on non-competition covenant, to coordinate the relevantlegal systems, and to improve social security system.