Inevitable Disclosure Doctrine In Trade Secret Law

Trade secrets have been existed in human history for thousands of years. Each country protects their trade secrets in different ways. And the Inevitable Disclosure Principle which formed in American’s case is the most eye-catching. As an injunctive relief system, the Inevitable Disclosure Principle is made to protect trade secrets from potential disclosure, mainly used to prohibit former employees to work for his former employer’s competitors. The Inevitable Disclosure Principle has developed for one hundred years, now it is well-organized and it is strict at the applied conditions. It plays an important role in the relief in advance for the trade secret, especially in the trade secrets cases involves the former employees.For protecting trade secrets, our country has formed a relatively complete system, which is based on the Anti-unfair competition law.In addition, the civil law, the criminal law, the administrative law and the civil procedure protect trade secrets in various ways. In our country, the post-relief for the legal protection of trade secrets are adapted mostly and the Non-compete system is mainly used for relief in advance of infringement of trade secrets. But the Non-compete system is not complete, the relevant regulations are very massy and general, the rights of employees and employers cannot get reasonable protection. In this case, introducing the Inevitable Disclosure Principle is meaningful.The first part of the article mainly introduces the Inevitable Disclosure Principle in detail. First, it introduces the formation and evolution of the Inevitable Disclosure Principle by some classic cases. Secondly, it enumerates the applied conditions of the Inevitable Disclosure Principle from the mainstream perspective of America and the injunctive relief measures of the Inevitable Disclosure Principle. Finally, it discusses the applications, the advantages and disadvantages of the Inevitable Disclosure Principle.The second part of the article describes the shortage of the Non-Competition system in our country. It first proposed that our country has already formed a relatively complete system in legal protection about trade secret. But it also has a lot of defects in the preventive protection of commercial secrets. One of the things that this part ended is about the shortage of the Non-competition system which lay the basis for the introduction of the Inevitable Disclosure Principle.The third part of the article analyzes the legitimacy of Inevitable Disclosure Principle. First of all, it alerts us to the need to bring in the Inevitable Disclosure Principle. Then it explains the theoretical and judicial proof for the introduction of the Inevitable Disclosure Principle.The last part of the article describes the revelation of the Inevitable Disclosure Principle for China. It mentions some announcements in the introduction of the Inevitable Disclosure Principle process. Finally, it puts forward some proposals on introducing the Inevitable Disclosure Principle from the point of legislation and jurisdiction on the basis of the previous text.