The Research And Reference Of American "Inevitable Disclosure" Principle

At present our country’s trade secret disputes owing to the employeejob hopping are growing, How to ensure the rational flow of labor and theprotection of business secrets is the urgent problem to solve. But thereare still many problems in the judicial practice of our country, such asThe lack of relief in advance in the protection of trade secret, The systemof prohibition of business strife lacks statutory non competitionobligation as a supplement, not perfect expert identification systemcause infringement judgment appear risk difficult to predict, andnegative information and management information is lack of effectiveprotection. The "inevitable disclosure" principle in American businesssecret protection law provides a very good reference for solving the aboveproblems.This paper elaborates through three chapters. Through several typicalcases and judgment, analyzes some problems existing in our country’scommercial secret protection. Research and analyze the origin, applicableto the dispute, normative elements and application mode about American"inevitable disclosure principle". Referring to this principle, we canimprove the business secret protection system in China, realize the function of advance relief, improve the non competition system, avoid therisk that conclusion of infringement is difficult to predict caused bynot perfect expert identification system, provide a more effective meansof relief for protecting the negative information and businessinformation。The first chapter is “The judicial practice in China and itsproblems”. Through several typical cases and judgment, analyzes someproblems existing in our country’s commercial secret protection. Such asthe lack of relief in advance, the lack of statutory non competitionobligation, and the problem that conclusion of infringement is difficultto predict caused by not perfect expert identification system etc.The second chapter is “Analysis of American ‘inevitabledisclosure’ principle”. Through tracing to the source of the inevitabledisclosure doctrine, analyzing the causes of its emergence anddevelopment, and the debate of applying the principle, research itsnormative elements, analyze its prior relief function, the relationshipwith the system of prohibition of business strife，and its effect onnegative information and management information protection.The third chapter is "our reference to ’the inevitable disclosure’principle". The author discusses how our country draw lessons from"inevitable disclosure" principle to solve the existing problems for thesystem of business secret. Applying "inevitable disclosure principle, wecan realize the prior relief function, make up for the deficiency of thenon competition system, avoid the risk that conclusion of infringementis difficult to predict caused by not perfect expert identification system,and provide a more effective means of relief for protecting the negativeinformation and business information, the protect the interests of bothemployers and employees better.