The Design And Application Of The Economic Compensation Clauses For The Restriction Of Competition In The Protection Of Trade Secrets

With the continuous development of The Times,the sustainable management and survival of enterprises also put forward higher and higher requirements.In addition to excellent leadership,excellent production capacity and marketing ability,the core technical information,namely intellectual property,has also become an important indicator to test the potential development ability of an enterprise.As an indispensable part of the intellectual property system,trade secrets have become a very important key factor with core competitiveness for many enterprises.The resulting non-competition restriction system is undoubtedly one of the most effective means to protect the disclosure of trade secrets.Based on the comparison between domestic and foreign regulations on economic compensation for non-competition restriction,this paper proposes how to perfect the design and application of economic compensation for non-competition restriction in China.This paper is divided into four parts:In the introduction,a typical case of non-competition restriction in recent stage is listed.By comparing the judgment of the first instance and the second instance,the reasons for this study and the problems to be discussed are presented.The first part mainly introduces the legislation status of trade secret protection and economic compensation of competition restriction in China.First of all,from the basic definition of trade secrets in China,constitutive elements and their relationship with competition restrictions,this paper introduces the research basis.Second,from the non-compete as the amount of economic compensation and payment cycle,have no agreement on the economic compensation for the implementation of the non-compete agreement and the legal responsibility of breach of non-compete agreement systematic elaborated our country present stage about the terms of the non-compete economic compensation standard,the amount of economic compensation,payment time,and form the aspects of legislation present situation,this paper studies the derivation background.Finally,this paper summarizes the deficiencies and defects of the current legislation in China,and draws out the value of this study.The second part is about the validity of non-competition agreement.Firstly,the definition,classification and relationship between non-competition restriction and non-disclosure agreement are introduced.Secondly,the article discusses the basic terms of non-competition agreement.Including the subject of competition restrictions,length of time,restricted industry field,economic compensation,liability for breach of contract.Finally,this paper summarizes the recognition of non-agreed economic compensation clause's effect of non-competition restriction from various countries and regions at home and abroad,thus leading to the research difficulties of this paper.The third part mainly lists other representative regulations and practices of foreign countries on economic compensation for non-competition restriction.This paper enumerates the practical operation of the economic compensation clauses on non-competition restriction system in representative countries,including the United Kingdom,the United States,Germany,France,Japan and other countries from different angles,so as to draw on the advanced systems and practical cases in foreign legislation and cases,and draw out one of the main methods of this paper.The fourth part is the focus of this paper.This paper compares the differences of economic compensation clauses of non-competition restriction system in the protection of trade secrets at home and abroad,summarizes the advanced practices of foreign countries,and puts forward some Suggestions to improve the economic compensation clauses of non-competition restriction based on China's national conditions.It includes how to reasonably design the payment standard and payment time of economic compensation,unify the effect of non-competition restriction agreement when economic compensation is not agreed,enrich the form of economic compensation,and further improve the relief way of trade secret protection,etc.,leading to the purpose of this paper.In this paper,the author mainly uses the method of rule induction,case analysis and comparison to expound the viewpoints,hoping that on the basis of the objective summary and analysis of the existing legal provisions and judicial practice,the author can put forward constructive Suggestions on the design and application of the compensation clause of competition restriction in the protection of trade secrets.