Distinction Betweentrade Secrets And Employee Knowledge And Skills

In a fiercely competitive market economy,trade secrets play a decisive role in the development of enterprises,and it is humans who create and master trade secrets,so the competition for trade secrets is transformed into competition between talents.Economic development is constantly stimulating the large-scale flow of talents,and the rapid flow of talents in the society also promotes social innovation and progress.At the same time,enterprises pay more attention to the protection of business secrets,and employees awaken to the pursuit of their own value.The negative impact behind the flow of talent is gradually revealed in social development.Personalized business secrets will continue to be lost along with the flow of employees.The trade secret information and the knowledge and skills between employees become indistinguishable.In the case of trade secret disputes,The distinction between trade secrets and employees' knowledge and skills has become an important controversial focus.At present,China's legislation has no relevant provisions on the distinction between trade secrets and employees' knowledge and skills,and the judicial distinction between the two standards has yet to be clarified.The special relationship between trade secrets and employees'knowledge and skills bodies has determined the complexity of distinguishing between the two.With the continuous development of the technology industry,the scope of trade secrets has been continuously expanded,and the conflict of rights between corporate property rights and employees' labor rights will Becomes sharper and the distinction between the two will be more difficult to grasp.To solve the problem of distinguishing between trade secrets and employees' knowledge and skills,one of the reasons is that it can effectively make up for the current loopholes in China's competition prohibition agreement,so that the effect of the competition prohibition agreement can be maximized;Evidence link determines the scope of evidence,so as to better protect their own legitimate rights and interests;the most important thing is to maintain the balanced development of social interests and promote innovation and progress in the competitive market.The way to distinguish between trade secrets and employees' knowledge and skills is to analyze and judge by using some standards or influencing factors,so as to find the boundary between the two.Determining the nature of relevant information is the first step.Only when the information is a trade secret and is confused with employees' knowledge and skills,it becomes necessary to distinguish the two.Secondly,according to the time,method and contribution of the employees to obtain information,it is analyzed whether the employees have reached the standard of"legitimate control",which is a general criterion to distinguish the boundary between the two.Since the retention of employees 'memory will become a difficult point that affects the distinction between the two,a specific case comparison is used to type-analyze them to find the criteria for determining the retention of employees' memories.Public interest is the fundamental criterion that distinguishes the boundary between the two.The protection of the owners of trade secrets should focus on the public interest.This is also the purpose of legal protection of trade secrets.The complexity of trade secrets determines the uncontrollability of the case.The specific conditions of all cases cannot be completely predicted accurately.The fundamental problem cannot be effectively solved only by distinguishing the boundaries.Judicial,administrative,and corporate corresponding countermeasures are provided.This is the most effective way to solve the confusion between trade secrets and employees' knowledge and skills.