The Legal System Of Trade Secret Protection

Along with the rapid rise of the modern market economy, technology andinformation spread across the globe, companies face unprecedented competition andchallenge. Enterprise from the original evolved into the competition for traditionalproductivity of intangible assets such as information and technology competition, hasobtained certain trade secrets has become one of the important means of internationalcompetitive advantage, trade secret has become the enterprise’s important intangibleassets. In the process of the development of the enterprise, has a group of excellenttechnical and management personnel of enterprises tend to be more can get advantagein the competition, however, that some people tend to master the core information ofthe enterprise. Reasonable, as the flow of talent is a form of social and economicprogress, but increasingly fierce economic competition, talent flow is increasinglyfrequent, the flow of talent will lead to leakage of business secrets. In real life,because in the process of talent flow, the phenomenon of the infringement ofcommercial secrets is widespread, the resulting problems also emerge in endlessly.Laborer after leaving non-compete problems, in particular, has become the ourcountry laborer is inevitable in the career development and enterprise managementproblem.Trade secret protection originating in the west.Although the definition ofbusiness secret, the nature, scope, etc. There is a dispute, but as a result of thecommercial secret protection has a long history in both the written law countries andcase law countries, as well as the provisions of the judicial practice also has amature.Compared with the developed countries the protection of business secret inour country there are still some deficiencies.In ensuring the healthy development ofmarket economy in our country, to maintain good order of competition, to encourageinvention-creation, guarantee the legitimate interests of the enterprise, at the sametime, how to fully respect the freedom of the individual employment rights, and howto reasonable allocate human resources but also avoid the infringement of commercialsecrets, balance the talent flow in various conflicts of interest, strengthen the enterprise commercial secret self protection has become China’s commercial secretprotection legal system construction important topic.This article first from the basic theory of commercial secrets, the commercialsecrets of the concept, characteristics, scope of subject and object of theoreticalelaboration, from the macro to understand business secret; Talent flow in second toexplore the problems existing in the protection of business secrets, from theperspective of the interests embodied during the process of talent flow, based on theprocess of conflict, analyzes the root causes of conflict, the path of the analysis tosolve the conflict; Third through the conflict situation to further explore the existinglegal system, from civil law, anti-unfair competition law, labor law, criminal law andother law introduced the status of our country related legal protection of trade secrets,and further analysis of the shortcomings of the legal system. Fourth throughcomparative study on the United States and Japan, the two representative developedcountry trade secret protection system, to explore the significance to our country, forthe perfection of related legal system in China provides a good blueprint. Finally, putforward the our country business secret legal protection system perfect, and putforward personal on perfect our country business secret legal protection legislationand the relevant supporting measures of rationalization proposal.