The Service Outsourcing Business Secret Protection Law Problems In The Research

With the rapid development of China’s service outsourcing industry, outsourcingof trade secret protection is a growing concern. Parties on the protection of tradesecrets should be run through outsourcing contracts contracting stage, the stage ofimplementation, even after the termination of the contract. Access package andworkers can sign a confidentiality agreement and non-compete agreements to protecttrade secrets will be integrated into the labor management among the country canlearn from the experience of foreign trade secret protection, the introduction ofinevitable disclosure system. In addition, the real problem for China’s serviceoutsourcing trade secret protection in the face of the current, combined with the stateof legislation relating to trade secret protection service outsourcing country, analyzeand summarize the experience and shortcomings which should further improve China-related legal system, enhance corporate business secret management level and play aleading role in industry associations to strengthen services outsourcing trade secretprotection, and promote the development of China’s service outsourcing industry.The first section provides an overview detailing the different types of outsourcinginvolves trade secrets, business secrets analyzed outsourcing unique characteristics,emphasizing the need for outsourcing where trade secret protection.The second part focuses on the outsourcing contract in the contracting stage, thestage of implementation, trade secret protection termination phase, according tocontract law and other relevant laws, combined with the characteristics of serviceoutsourcing, outsourcing companies should propose how to control the risks of atrade secret contract several suggestions leaked.The third part describes the service outsourcing enterprises in the access packageon how to avoid or reduce staff turnover caused by commercial secrets leaked to signconfidentiality agreements made with employees, non-compete agreements, the useof inevitable disclosure doctrine of the three main instruments, and analysis stage,these companies lack the means and perfect confidentiality measures.The fourth part made from different levels of trade secret protection existsoutsourcing of our current problems, such as have been issued in accordance with thelaws and related policies and regulations, analysis of existing legislation in theachievements and shortcomings, and noted that China’s commercial secrets relief efforts are still insufficient, then on China’s service outsourcing industry practice andcorporate law for the protection of trade secrets to discuss the problems, stressingsector supervision, lack of self-protection business is still current service outsourcingtrade secret protection are urgently needed to overcome the main problem.The fifth part of domestic and foreign trade secret protection legislation statusand experience, strengthening legislation and specialized services outsourcingbusiness secret protection rules, the introduction of inevitable disclosure doctrine,strengthen the leading role of industry associations and enhance their ability to protectother aspects, in order to improve the process of China’s service outsourcing businesssecrets laws to protect specific proposals.