Prohibition Of Business Strife And Trade Secrets Protection

As an important type of intellectual property,business secrets play an increasingly important role in the process of enterprise development.Especially in the flourishing development of the information Internet and knowledge economy,business secrets are increasingly being taken seriously by enterprises.However,the protection of trade secrets has become a difficult problem in the course of business operations.In particular,the leakage and loss of trade secrets caused by the departure of employees is an endless problem.The employees of the company create,master,and know the business secrets of the company in their specific work process.However,as the flowing of talents in the modern society accelerates,they objectively boost the development of social economy and the spread and application of emerging technologies.However,it also brings about the loss and leakage of trade secrets.Under this condition,employers have to find suitable ways to prevent the emergence and deterioration of such trade secret disclosure problems and prevent the loss of core technology and business information.Faced with the increasingly frequent trade secret disclosure and infringement brought about by the flowing of talents,an important and urgent issue in the protection of commercial secrets in China is how to regulate and administer the talent market in accordance with the law.In practice,enterprises rely on relevant laws and regulations to protect trade secrets on the one hand,and on the other hand,they enter into agreements with laborers in advance and use trade prohibition agreements as a mean of protecting trade secrets.At present,China has not yet established a specific and systematic system of competition prohibition and protection of trade secrets at the legislative level.Contents concerning competition prohibition and protection of trade secrets are mainly stipulated in other laws and regulations.In practice,due to the lack of clear understanding of laws and regulations,there are many problems arising from the application of judicial practice.Academically,different scholars often hold different views on the same issue.Therefore,the use of competition prohibition as an entry point and breakthrough point,in-depth study of our country's business prohibition and business secret protection legal issues,will help improve the relevant system.This article is based on the theory of non-competition laws,and the relationship between competition prohibition and protection of trade secrets to study.Through the analysis of legislative defects and academic controversies and the resulting differences in practice,it seeks to comprehensively review and study the prohibition of competition.A series of issues in the process of protecting commercial secrets have resulted in a deeper understanding of the application of competition prohibition system.Based on the above research,the proposal for prohibition of competition in the legislation and judicial review has been proposed,and company's trade secrets can be protected.