The Agreement Of Prohibition Of Business Strife In The Protection Of Commercial Secrets

The theme of this thesis is to study the protection of business secret protection agreementof prohibition of competition, non-competition agreement is signed by the employer and theemployee, the employee shall after a specified period of rights and obligations of both partiesof the agreement. The main objective of signing non-compete agreement is the protection ofbusiness secrets, to maintain the competitiveness of enterprises, compared with othercommercial secret protection, especially with the same specified turnover confidentialityagreement employee trade secret protection obligations, the non-competition agreement hasirreplaceable advantages, can the business secret protection more thoroughly, to maintaintheir competitiveness. The non-compete agreement advantages and key points of thecontroversial, enterprise for more thorough protection of trade secret itself, limiting theemployees ’ freedom, China’s " constitution "" labor law " stipulates the citizen’s labor rightand freedom of choice. The basic rights of legitimate rights and interests of workers and theenterprise has the conflict, how to balance the interests of both sides in the conflict is todetermine key agreement of prohibition of business strife is effective or not. This thesis is acase study, with the typical case of prohibition of business as a starting point, the advantages,the agreement in the protection of business secrets of the prohibition of business strifeprohibition, conflict and balance of interests of the agreement, the question that how todetermine the effect of the non-compete agreement, may exist what problem and found thatthe process, finally gives some suggestions to improve the. This thesis is divided into fiveparts:The first part is the prohibition of typical case analysis, cited the cases of Beijing DayangTechnology Co. v. Chen Jinsu, Chengdu Sobey case, is divided into three small parts,introduces the case case, the focus of controversy, case analysis. Study protocol prohibits themain content in this case is presented, the analysis leads to the-in the protection ofcommercial secrets of prohibition of business strife.The second part is the summary of the non-competition agreement, first analyzes theconcept of the non-compete agreement, non-competition refers to who have specificrelationship to the specific business conduct prohibited system. Secondly, thenon-competition agreement compared with the confidentiality agreement, analysis of thecharacteristics and advantages of the non-compete agreement. Security protocol is one of important ways of business secret protection, not only employees should be based on theconfidentiality agreement to assume the obligation of confidentiality, employee should alsobear obligation of confidentiality confidentiality provisions in the agreement. One of thecommon agreement of prohibition of business strife and confidentiality agreement is can foremployee turnover, but because of its own regulations exist many differences between thenature of the obligations of the differences between the two protocols. The final analysis is thecompetition restriction properties and the obligations of prohibition agreement shall mainly interms of the.The third part analyses the conflict of interest in the agreement of non-competition,non-competition between enterprises and the legitimate rights and interests of workers in theagreement, the effectiveness of the non-competition agreement must be in order to balance theinterests of both sides in the conflict for elements. In this paper, the paragraph is theconnecting link between the preceding paragraphs, this leads to the focus of this paper,standard non-compete agreement.The main content of the fourth part is the analysis of prohibition of business strife thatstandard agreement, non-competition agreement is a contract between the rights andobligations of the employer and the employee ’s agreement, the importance of interestsinvolved substantial inequality and the status of the agreement, the agreement is not signedwill effectively, must meet certain standards, this part the content is how to determine thestandard of reasonable.The fifth part is the analysis of some problems existing in our country noncompeteagreement application and improvement suggestions. Problems are analyzed of thenon-competition agreement signed by both parties in the application, improvementsuggestions to perfect the judicial interpretation of prohibition of business strife.