On The Equitable Protection Between The Firms’ Trade Secret Rights And The Former Employees’ Right To Choice Of Work

Trade secret protection is very important for the development of a modern economy, trade secret rights is an important corporate intellectual property is an important property rights, and has a high market value, whether it is for the survival and development of a single enterprise, or maintenance of the order of market competition, and a country’s economic development, it has great significance and must be well protected. The world has been generally recognized trade secret rights is a kind of intellectual property rights, should be subject to intellectual property law, the protection of the anti-unfair competition law and the civil law. Enterprises often by their employees to sign noncompeting agreements require former employees conservative trade secrets. In modern society, the right to free choice of work that the choice of employment and gradually become a workers’ rights guaranteed in our constitution. Workers of the right to free choice of employment related to the survival and development of the workers belong to the basic human rights areas, has the constitutional right to the property of, and should be well protected. After the departure of the employees of a business to find new jobs, will involve trade secrets to the original service enterprises, and thus the formation of the conflict between the careers of workers rights and corporate trade secrets rights. This is not uncommon in contemporary society. Necessary through good design of the system, to maintain a balance between trade secret rights, and the careers of workers rights, no harm to corporate trade secrets, and also allows workers to maximize the realization of conducive to social and public interests. Summary of the relevant legal experience in the United States, Germany, and China’s Taiwan region, that we can learn in the following aspects:to pass legislation to give adequate protection of business secrets; emphasis on leaving the protection of the right of employees careers; the appropriate equitable Enterprises and former employees of between interests. These countries or regions on specific institutional measures that we can learn.Although in this regard, China has many laws and regulations of the Anti-Unfair Competition Law, the Labor Contract Law "related to, but these laws and regulations are still not enough to solve the issues related to real life. Competition restrictions on China and trade secret protection workers the legal system, the remaining issues in the following:there is no clearly defined based on the importance of trade secrets to determine the limits of the non-competition, competition restrictions of economic compensation provisions exist defects, non-competition time, industry and geographical defect liability for breach of contract, violation of non-competition agreement. To solve the above problem, the paper proposes:trade secret rights and workers protection of the general idea of the careers weigh the level necessary to maintain a balance between trade secret rights, and the careers of workers rights in order to achieve maximum social interests need adhere to the principle of respect for autonomy and the principle of appropriate interventions. Trade secret rights and careers weigh the level protection system recommended, clearly defined based on the importance of trade secrets to determine the limits of the competition restrictions; clearly competition restrictions of economic compensation provisions; Third, noncompeting agreement make specific provisions to limit the time, industry and region; Fourth, not only to liability for breach of violation of non-competition agreement provides for the departure of the responsibility of the employees, but also to clear the firm’s liability.