Protection Of Trade Secrets In "inevitable Disclosure" A Study Of Principle

The definition of trade secret information means the technique information and the management information, which can bring the economic benefits and have the function to the possessors; The information can't be known by other people. As a matter of fact, a kind of important business secret has already been the life of corporation. The protection to the rights of trade secret information mainly depends on the anti-unfair competition law. But the current legislation on prohibition of business competition is far behind the need of solving the in-creasing non-compete disputes. With the development of violent market competition, it is necessary to study how to protect corporation business secret that faces some new challenges nowadays. Surely, it is more essential to probe into the law study on protections for corporation business secret in our cruel market competition.The doctrine of inevitable disclosure derived from the legal cases in America. And the doctrine is usable tool that can protect this kind of information properly by the means of enjoining the employees who have learnt the trade secrets from their former employers during the progress of working from taking a similar new job from the competitors of former employers by applying a relief of injunction, because of the employees' inevitable disclosure of this kind of information in the course of working in the new position. The inevitable disclosure doctrine is different from the traditional trade secret law. In other words, the doctrine can make the courts take some measures to protect the trade secret from misappropriation.The doctrine of inevitable disclosure of trade secrets is one of the most famous doctrines in America trade secrets law. Although this doctrine has been applied very abroad in U.S.A just from its birth in 1902, but it has also brought huge controversies to theory and judicial decisions. See from the fulfillment, various states judicature practice is inconsistent; the suitable standard is different; whether employee's right can be restricted. These sensitive issues become the scholar and judges argument focal point. See from the Social affects, people care the negative effect...