The Conflict And Balance Of Interests Based On Prohibition Of Business Strife In The Protection Of Trade Secrects

With the increasing value of trade secrets, the behavior infringing upon trade secrets increases also unceasingly. Its manifestation alters from day to day with illegitimate means, and the legal protection of trade secrets has become urgent issue of common concern in the world. In many tort means, the flow of talents has already become a main channel to initiate of trade secrets. Regarding this, the traditional protective measures of trade secrets have played its protective function truly with difficulty. In view of this, many western developed countries set up the system of prohibition of business strife(POBS) in their related law, and gradually performed in its legislation and judicial practice to consummate, standardize and strengthen the protection of trade secrets, and set up"an effective firewall"for the protection of trade secrets. The practice proved that this system had positive and effective function to the protection of trade secrets.As an institutional arrangement for protecting trade secrets, the system of POBS must face the conflicting among employers benefit, the employee benefit and the social's benefit inevitably in the process of trade secrets' protection. How to balance and coordinate these conflicts, to limit the POBS into the scope of legitimate and reasonable, becomes an important topic which the legal science faces. This article carries out the preliminary study on the trade secrets'protection in the flow of talents and takes this as my starting point to focus on the relevant theoretical and practical issues of the system of POBS, to expect further research on the basis of absorbing and profiting from other research results.