Research On Prohibition Of Competition From The Perspective Of Protection Of Business Secrets

The era of knowledge economy cannot ignore the weight of business secrets,it is not only related to the life of the company,but also the performance of a country's international competitiveness.Since 2017,the United States has launched a series of 232 and 301 investigations against China,which was based on intellectual property rights and trade secrets,imposed trade sanctions against China,and exposed China's trade secret protection system from an international perspective.It is undeniable that the existence of corporate competitive advantages and the innovative development of business secrets must not obliterate the merits of the employees they hire.These workers bringing value often will create the value into their own wealth at the same time.The competition of the market is becoming more and more fierce,the talents aregoing to the important resource of the market competition.They are both creators and bearers of trade secrets.Talent competition has eventually become an inevitable trend in the development of the world.Further reform and opening up,the rapid development of the market economy,the intensification of population movements,and the fierce competition for talents will produce a series of chain reactions,especially in the protection of business secrets.Undesirable initial deviations and chaotic market environment.In order to better improve entrepreneurship and investment enthusiasm,we must start to protect the competitiveness of companies and companies,optimize the business environment from a large perspective,create a vibrant socialist market economy with Chinese characteristics,and create more wealth for the country and society.In the field of intellectual property,scholars attach great importance to the part of trade secrets,and the prohibition of competition is an important means of protecting trade secrets and plays a preventive role in advance.Prohibition of competition means that the employing unit treats the employed person for the purpose of maintaining commercial secrets,according to the provisions of the law or voluntarily agreed by both parties in the labor contract.The rights and interests of the employing unit shall not work in a business unit which is similar and identical to the employing unit,and at the same time,it shall not be allowed to operate the same or similar business.Due to unclear laws,regulations and judicial interpretations,and imperfect systems,many ambiguities have arisen.In practice,many cases have shown that the existence of the system deviates from the original intention,and the application of misunderstanding and generalization has led to the effect of protection of commercial secret The negligibleness and deviation from the direction have caused many problems in the application of judicial practice,and we have to arouse our attention.Therefore,to keep pace with the times and ensure the practical role of the system,the existence of the prohibition of competition,the spirit of its establishment,and its legislative and judicial aspects all need to be studied in-depth.This article takes the protection of trade secrets and the optimization of the market business environment as the starting point.In the context of the Sino-US trade war,starting from the basic theory of trade secrets and the prohibition of competition,it demonstrates the relationship between the two and analyzes and combs the current two systems.The current status of the law will pave the way for constructive suggestions later.In view of the immature domestic competition prohibition system,we have absorbed foreign mature experience and provided a reference for improving China's competition prohibition system and better protecting trade secrets.This article is divided into five parts:The first part:a brief description of the research background and research methods.The Sino-US trade war exposes the shortcomings of China's trade secret protection.The competition prohibition system is one of the preventive measures for trade secret protection.By studying relevant laws and regulations,Learn from the advanced foreign experience and analyze the value of the system to pave the way for the later development.The second part:Theoretical overview of the prohibition of competition and trade secrets.Since there are problems,start with theoretical research,understand the basic theories of trade secrets and prohibition of competition,analyze the relationship between the two,analyze the institutional value of the prohibition of competition,and provide theoretical basis and value goals for later research.The third part:the current problems of the competition prohibition system.Through the study of theory and practice,the analysis of the current system points out the shortcomings of the system.This article discusses three aspects:guiding principles,object scope,obligor,and liability system.The fourth part:Research on the prohibition system of extraterritorial competition.Studying and drawing on advanced foreign systems and insufficiency of the self-examination system,this paper summarizes the experience of the relevant systems in the United States,Germany,and Japan,and summarizes the experience to propose a more complete use of the Chinese competition prohibition system.The fifth part:suggestions to improve the prohibition system of competition.Aiming at problems,learning experience,self-summary,and combining with the actual situation of the protection of commercial secrets in China,we put forward perfect suggestions.