Trade Secrets And Its Protection Under The Flow Of Talent

Trade secret is technical information and business information not to the public aware that can bring economic benefits to the person who owns the right, so the right owners take security measures to keep it . It is intellectual property rights which businesses own. As an enterprise, which can has not patents, copyright, and even small businesses has not trade marks, but all enterprises' technologies and operation have certain characteristics. So in a certain sense, there are no businesses having not their own trade secrets. Accumulating It as a mountain, enterprises will flourish and grow; Flowing as water, and the key secret loses with the loss of staff quit, the business will lead to sluggish.Free flow of talent is the performance of social progress. As the social developing, the flow of talent is more frequently. As China's market economy continues to develop and improve, various enterprises, especially the emerging enterprises, increase the demand for talent. While Talent market is becoming increasingly active, science and technology personnel and management staff mobility become more and more frequent; Flow of talent is also the labour rights of workers, Careers freedom, the right to subsistence, and other basic constitutional rights to embody. However, the historical experience of the developed countries and China's judicial time expresses that staff "quit" is the main channel of the loss of trade secrets in enterprises. So the flow of talent in violation of trade secrets has been a very prominent phenomenon. Above all, It has become a key issue to the success or failure of Chinese enterprises, and even the development of Chinese economic , Science and Technology. It needs enterprises to protect the free flow of personnel, and at the same time protect their own trade secrets better.Covenants in restraint of trade and Agreements on keeping secret are the key to keep trade secret in the flow of talented people. The text goes into the basic theories of trade secret, compares the legislative and judiciary fulfillment of Covenants in restraint of trade and Agreements on keeping secret in all countries, finds how they come to effect and the balance between the workers' rights, such as right to work , select job freely, or live, and the rights of enterprises to keep its trade secret. Also this text will sum up our country's relative fulfillment of legislation and judicatory, find the shortage of the trade secret protection in the flow of talented people, and suggest how to perfect it. Finally I will bring my views on the measure of trade secret protecting.This text is divided into four parts . Chapter 1 is the basic theories about trade secret. It analyses the concept , composition and scope of trade secret to solve the first question that is how to affirm trade secret. Chapter 2 is about the trade secret protecting in the flow of talented people. This part compares the legislative and judiciary fulfillment of Covenants in restraint of trade and Agreements on keeping secret in all countries, expounds the basic theories of them and finds how they come to effect, at the same time points out the defects about this problem in our country. Chapter 3 is how to prefect the legislation on the problem of keeping trade secret in the flow of talented people. In this part I provide my suggestion on prefecting the legislation complying with two aspects that are entity law and procedure law. Chapter 4 is the measures which enterprise should take to keep it's trade secret. This part sets out from the angle of enterprise and puts forward some suggestions on the protection of trade secret in the flow of talented people.