Study On The Protection Of Commercial Secret Contract

With the development of market economy, the increasingly fierce competition among enterprises. As the core competitiveness of the business secret, has become an important means of competition to win. However, because the present our country related legislation is not perfect, enterprises do not pay enough attention to the protection of commercial secrets, often appear because of the flow of talent, the contract does not comply with the obligation of confidentiality, spies stealing behavior as a result of commercial secrets. The emergence of these phenomena, presents a problem to us, namely how to better protection of commercial secrets.The protection of commercial secrets, has experienced from the case-law to grammar, from sporadic legal provisions to the historical stage of the long business secret protection law, specifically, in many western countries now have formed a relatively perfect legal system. Both common law countries and the civil law countries, most of the business secret protection theory are based on contract theory is the essential factor, because the early judicial circles that a trade secret is a relative right, and at the same time and the period of trade secrets dispute most produce relevant to the employment relationship. The contract of trade secret protection, including confidentiality agreement, non-competition confidentiality agreement, between the enterprise and so on, because the pertinence, flexibility and prevent sex is very strong, can effectively prevent the trade secret infringement occurs, thus become the important means of business secret protection more and more enterprises. Although China in the "labor law","contract law" and other laws and regulations on protection of business secrets are related to this contract, but there are still too scattered, the scope of protection is too narrow, insufficient relief and other defects. Therefore, the author questions related to the protection of commercial secret contract analysis and elaboration, in order to clarify the development present situation, the protection of commercial secret contract main types and means of protection, and for our relevant legislation put forward their own proposals, hoping to contribute to the judicial practice, also hope to turn to the generous, Mian to self-excitation. This paper is divided into five parts The first part:The trade secret protection of contract theory. Based on the different expression of legal concept of commercial secrets of the legal property of business secret, and the related theory. And the value of the business secret protection contract analysis.The second part:The main contract and commercial secret protection. To sign between enterprises, enterprises and workers confidential contract and implied contract is discussed in the paper, characteristics and application of different kinds of confidential contract or confidentiality agreements were concluded.The third part:The difference between commercial secret protection and other protection way of contract. On tort law, anti-unfair competition law protection and criminal protection protection ways are analyzed, the difference between the existence of commercial secret protection and other protection way of contract.The fourth part:Problems and Countermeasures of our country’s commercial secret protection of contract practice. Starting from the enterprise commercial secret protection problems in the practice, through the comparison between the foreign trade secret protection laws, to search for the existing problems of China’s protection of trade secret. On this basis, to improve China’s commercial secret protection of contract put forward their views.