The Non-competition System In The Protection Of Commercial Secret

Commercial secret, used as an important intellectual property, isvery significant for individual, enterprise, society and country. Andbecause the feature secret of commercial secret determines that thesecret can’t be recovered once it’s leaked, it’s very necessary to find aproper and effective method to protect the commercial secret.The leaks of commercial secret emerge in endlessly nowadays, andthe person is the most active and most difficult to control in productivity.Meanwhile compared with other ways to leak commercial secret, the flowof talents is the main way which is the most difficult to control. So thenon-competition system came into being. Compared with other measuresof the protection of commercial secret, the non-competition system hasincomparable advantages, which can maintain effectively secret ofcommercial secret, meanwhile simplifying the burden of proof,improving the efficiency of case handling, saving the cost of judicatureand so on. However, at the same time protecting commercial secret,non-competition can conflict with the interests of personal, society and country. It limits employees’ right to work and to choose profession andconflicts with the law of our countries, and as well has somedisadvantages for the optimal allocation of human resources and theimprovement of social productivity. So in order to make non-competitionsystem play its due role better, it’s necessary to strike a balance amongindividuals, enterprises, society and countries. That’s to say, in theprocess of non-competition implement, we must try to obey the principleof maximizing the social benefits, the principle of interests balance, theprinciple of the trend to protect the interests of vulnerable groups basedon interest balance.Based on above three principles and through summing upnon-competition system of our country,it can be seen that the statutorynon-competition system has flaws in many aspects of theobject of regulation, trade boundaries and the legal responsibility. Whatthis paper suggests are: First, the main obligations of statutorynon-competition should be expanded and boundaries of statutorynon-competition should be explicit and responsibility of relativenon-competition should be implemented. On the other hand, contractualnon-competition system has weaknesses that legal level is low and notunified and legal content is too principled, simplified and lacksoperability, so this paper suggests that Commercial secret protection lawshould be established to make regulations for it and further improve and clear the following questions: the prerequisite for signing thenon-compete agreement; the main body, time, space and business scopeof non-competition; the relationship between financial compensation andthe validity of non-compete agreement;the relationship between financialcompensation and non-competition business scope as well as space scope;the method to determine exact amounts and payment way of financialcompensation; the new employer ’s liability and employees liability forbreach of contract;the method of rights relief, the method of solvingcontroversy and so on.