Enterprise Competition Restriction And Protection Of Business Secrets

With the rapid development of China’s enterprises to upgrade and transformation, non competition becomes more and more obvious in the protection of commercial secrets of enterprises, more attention to the prohibition of business strife and the protection of commercial secrets and prohibition of business strife. The employer of worker of business secret, the signing of the agreement in the contract, other aspects of intellectual property rights, or the confidential agreement, non competition clause is bound to laborer, restrictions on workers is a kind of compensatory agreement, and the agreement is a certain distinction. This paper from the background and significance of the research of prohibition of business strife, in-depth research on the theory and literature of the prohibition of business strife, the agreement of prohibition of business strife and the protection of commercial secrets of the definition and analysis of some typical cases to analyze the present situation, proposed the existence of prohibition of business strife and the protection of commercial secrets of enterprises competition restrictions on the use of standard deviation, to the workers limited by a lack of understanding, agreement of prohibition of business strife management problems such as lack of supervision department. Put forward the enterprise a clear breach of contract and the applicable standards, promote the labor of prohibition of business strife and supervision departments to strengthen measures restricting competition test. The purpose of this paper is to start from the case study of A enterprise competition restriction agreement, analyses the necessity and limitation of competition limits, restrictions and obligations, the contract effectiveness, restrictions limit agreed liquidated damages and other issues. In this paper, the A enterprises in the process of trade secret protection can be achieved certain guidance and reference significance to other enterprises through competition, signed the agreement of prohibition of business strife can also form a certain guiding significance.