| Being a product of the development of market economy, commercial secrets enjoy significant influence on the survival and development of enterprises in the market competition, and it is an important method for enterprise forming and keeping competitiveness. However, usually the holders of commercial secrets are the senior managers and technical talents inside an enterprise, who will be pursued by the competitors no matter how much the cost it is. Therefore, enterprises usually set up relevant clauses to restrain the staff shifting to the competitors' enterprises, Thus, the formulation of laws and regulations of protection of commercial secrets turns out to be very important. The applicable Chinese laws and regulations have already formed a general frame on protection of commercial secrets and prohibition on competition in same industry, but there are still some defects. The most effect way is to set up a special law.Moreover, being a very effective method for protection of commercial secrets, the system of prohibition on competition in same industry has been more and more widely adopted. The important reference for judging if such prohibition is effective or not is the reasonability, which is also a principle shall be complied with in theactual application. Its function can only be effectively exerted by well grasp of targets, objectives, scope, time and compensation fee, etc. as well as the organic combination of prohibition on competition in same industry and other protective methods. |
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