The Discussion Of The Protection To Trade Secrets On Labor-relationship

Since reforming and opening, Trade secret has been the valuable property of a lot ofenterprises, especially the high-tech enterprise. The market economy disposes reasonablystemming from the spontaneous resources, various enterprises face the stern brain drainquestion, the human resource flow speed further are speeding up, the staff during one’s termdivulging business secret, changes job carries off the business secret the behavior tosometimes occur. The staff“changed job” the behavior also to give the enterprise and the fairmarket competition order has brought the crisis, created is condensing the enterprise corecompetitiveness business secret revelation. The excessively high staff rate of personnel lossposes the huge threat for enterprise’s survival and the development, has limited the enterpriseenormously in our country’s development.The trade secret takes the employer to obtain the superiority in the market competitionthe important weapon, if the permission competitor obtains the trade secret which easilyusing the human resource flow other people expenditure massive painstaking care form, notonly harm individual economic interest, will harass the entire market the normal competitionorder, causes the good faith the business ethics to be nothing left, harmfully in marketeconomy healthy development. Because in order to avoid the human resource flow creatingthe divulging trade secret, the harm trade secret obligee’s trade secret power, many units workout in abundance with the staff compete industry forbid and so on provisions. But, stipulatedafter the trade secret protection’s legal regime relational, employee’s security duty, leaves jobto compete industry forbids the duty and so on, our country lex lata stipulation to have thescope to be narrow as well as limits fuzzy and so on malpractices, has created in the practicethe employer and the employee conflicts the frequency to send, the bilateral manpowerfinancial resource enormous waste. The author unifies the case, the selective analysis tradesecret’s legal attribute, the constitution important document and the guard mode, under theundertake transfer of personnel the trade secret legal protection’s theory rested on, thehistorical evolution, the classification and the characteristic and to the trade secret value.