Study On The Applicable Scope Of The Prohibition Of Business Strife In The Protection Of Trade Secrets

The amendment of the trade secret clauses in the new Anti-Unfair Competition Law reflects the importance that the state attaches to the protection of trade secrets.For enterprises,trade secrets are the core weapon in the market competition.In order to strengthen the protection of trade secrets,enterprises often use the system of prohibition of business strife to achieve their goals.However,in judicial practice,there are a large number of cases in which employees violate the prohibition of business strife agreement and infringe on business secrets.Through collating such cases,it is found that there are many problems in the application of prohibition of business strife,mainly reflected in the scope of application.This article is studied by the way of raising questions,analyzing problems and solving problems.Firstly,it clarifies the relationship between the protection of trade secrets and the prohibition of business strife.Secondly,research on the current legislation,theoretical basis and the disputes of infringing trade secrets in the judicial practice,it is found that there are four shortcomings in the scope of application objects,the scope of application areas,the scope of application period and the scope of application industries.For example,the provisions on the scope of application objects are scattered and the contents are not specific,There is a lack of relevant provisions on the scope of application areas,the maximum period of the application period is two years,which lacks flexibility,the scope of application industries is relatively wide,only by reasonably restricting these four aspects can they protect the trade secrets perfectly.Through the comparative study of the prohibition of business strife in the United States and the United Kingdom,Germany and Japan,we can refer to the similar provisions of Japan on supervisors about the legal prohibition of business strife,and regard supervisors as the object of legal prohibition of business strife.Regarding the promissory prohibition of business strife,the above countries have made "reasonable criteria" for the scope of application of prohibition of business strife.For example,the employer has business secrets and is justified,the restricted interests should be less than the protected interests and can not harm the public interests,these can be used for reference.Finally,it puts forward suggestions to improve the application scope of prohibition of business strife in China.It puts forward concrete suggestions about the scope of object,area,period and industry,and carries out corresponding legal provisions analysis and legal analysis for each suggestion.For example we need to expand the scope of the system,such as increasing supervisors,senior managers of enterprises,adding the "statutory licensing" system and adding the content clauses of business secrets;we need to consider the "particularity" to determine the regional scope,such as special restrictions onthe same regional scope,and special consideration of competition in the Internet era;need to distinguish between "industry" and "land" to determine the scope of the period;need to "suit measures to different persons" to determine the scope of the industries.