On The Flow Of Talent In The Legal Protection Of Bussiness Secrets

Business secret occupies an important position in marketcompetition，it has economic value as a kind of spiritual wealth, to theenterprise development and maintain market competitiveness has veryimportant significance. Obtain competitive intelligence is widelyadopted nowadays business operators an important means of competition,protect have specific commercial secrets or obtaining relative to theirenterprise commercial secret is the key to improve the marketcompetitiveness. It is because of this, in the fierce market competition,around or disputes involving the business secret. Triggered by themobility of commercial secret infringement also is not rare. The currenttheory research in China has not yet form a unified and authoritativesystem. For talent flow in the tort of business secret, whether can apply"anti-unfair competition law" to deal with, whether in theory or inpractice are the problems to be solved.Talent flow in the enterprise business secret legal protectionquestion involves to the enterprise, employees’ legitimate rights andinterests and social public interests, so in the reacearch of this problemshould pay attention to balance the interests of all aspects in socialand public interests under the premise of maximum, the rights of both commercial secrets oblige and obligor. Should not only the premise ofprotecting commercial secrets, and give full play to the commercialsecret to maintaining competition order, protect the results fromgovernance,promote enterprise development and innovation, and to protectthe lawful rights and interests of employees. This article mainly fromthe analysis of the talent flow in the commercial secrets infringementcases involved in the problems such as the interests of the enterpriseand laborer, and puts forward some Suggestions in legislation, lawenforcement, combined with the domestic and foreign related law,perfecting our country’s commercial secret protection in the mobilityproblems.