Study On The Legal Protection Of Trade Secrets Flow Of Talent In Our Country

Currently,trade secret infringement cases in the country due to the flow of talent has numerous causes,but an increasing trend year by year,not only harm the legitimate interests of the employer,but also seriously disrupt the market economic order.However,the flow of talent,there are indeed reasonable,and also very consistent with the trend of social development progress,The employer may not prohibit the flow of talent to the protection of commercial secret,this is not allowed in the law of our country.Such contradictory relationship makes it difficult to avoid the conflict between the flow of talent and the protection of commercial secrets.To alleviate the conflict between them,and achieve the maximization of their own profits,then the law as a regulator of profits,we need to find or build separately in the protection of workers rights.and trade secret protection related laws the best interests of balance,so that tends to balance the interests between the two developments.However,because our country for the study of the theory of the business secret and legislative work starts relatively late,although set up a number of related laws and regulations,but which also has many drawbacks,it is difficult to effectively for actual operation.Not only that,in China,many employers do not very pays great attention to the protection of business secrets in their own units,have no intention set up to the business secret protection measures,it is difficult to protect the flow of talent is the most likely to be violated trade secrets.Therefore,China urgently needs to establish and perfect the legal protection of business secret system,employers also need to improve their awareness of trade secret protection,well-developed trade secret protection measures,in particular to strengthen the liquidity management staff.This paper focuses on issues related to the flow of talent in the legal protection of trade secrets,starting from the basic theory of human rights and trade secrets flow,the flow of talent right on conflicts of interest and trade secret protection and personnel flow between trade secrets easily be violated reasons in-depth analysis and discussion,and pointed out that the legal issues related to our country in the legislation,as well as the presence of justice and the protection of trade secrets related agreements.Finally,in view of these shortcomings will put forward the corresponding legal suggestions,in hopes of the legal protection of trade secrets in the flow of talent to play the role of a little help.