Thesis On The Us-solcitation Rule Customer List

With the development of market economy, it is a very important thing to the enterprise—how to be the best in fierce competition. Trade secret is the most significant key to be an excellent enterprise. It is so called keeping is harder than winning, company not only need to protect trade secrets from external competitors but also the employees. The ex-employees can spread company’s business secrets to other companies; it is more terrible than traditional way to intrude trade secrets, like commercial espionage stole trade secrets or the party to the contract did not obey its obligations o of maintaining confidentiality. The company will worry about what inside knowledge workers take with them when they leave. So when employees leave the company, they(and often their new employer) should be advised of the prohibition on using the company’s trade secrets at their next job. This paper will describe Solicitation Rule and how to use the rule to protect trade secrets.Trade secrets is very significant to its owner, it is not only a property right but also a special Intellectual Property. Solicitation is defined as misappropriation of trade secret, but there is no relevant laws to definite it. While Solicitation Rules in concluded from case law in the America. There are seven chapters in this passage.The first chapter is the general theory of the Solicitation Rule. It concludes its history, background and development. The author summarizes the whole characteristics of Solicitation Rule. Solicitation Rule consists of a series of sub rules, these rules are: defining trade secrets, characteristic of solicitation, Aetna standard and non-solicitation agreements. Only employees not could become the tort subject of solicitation cases, because the origin of Solicitation Rule is to rule employees’ actions.These sub rules have inner link and closely logical connection. Firstly, the rules to make a judgment what’s kind of customer list is trade secrets. Secondly, what’s kind of behavior is Solicitation. Thirdly, what are the ex-employees’ exemptions not to infringe commercial secret. In other words, what behaviors are legally to do as employees who left company. Fourthly, non-solicitation agreements have functions to often prevent solicitation from developing.The chapter is the important sub rule of Solicitation Rule, how to estimate customer lists are trade secrets. Firstly, the author give a clearly definition of customer lists. Secondly, the paper introduces the different laws about Code of Federal Regulation and states laws. The judgment standard are if the public can get information easily; how much time and money spent on the customer list and what’s kind protection on the customer list.The chapter discusses Solicitation in the statute law and case law in USA. Firstly, UTSA includes the meaning of Solicitation. Secondly, the famous case ACI in America gave the definition of Solicitation.The chapter expounds Aetna standard. The ex-employees are legally to do something what is not Solicitation. There are two conditions is under Aetna standard. The passage introduces the definition of Aetna standard and its characteristic and gives Aetna case, then it analysis Aetna standard.The chapter points out non-solicitation agreements. If a non-solicitation agreement works, it need to satisfy the theory about contacting customers. Not all the non-solicitation agreements are legally effective. The author also discusses about the Solicitation of employees.The third chapter talks about the differences between the Chinese law and American law. Author gives the latest cases of Aerotek in America and in China, then make comparisons. It points out the system of Solicitation Rules in USA is completely, but China did not have this kind of system. These comparisons are very important to Chinese law development.The author gives some suggestions about legislation procedures and judicial in the last. China did not have perfect system to do with the Solicitation, but we need make a big progress on it and make a better future about our legal environment.