Shandong Province Food Import And Export Corporation V. Ma Daqing Unfair Competition Disputes Analysis

In today’s information age, intelligence and technology in a sense has become more important than assets like money, house, etc. One step ahead whoever goes, he will get the upper hand in the market competition. Therefore, commercial secrets has become an extremely important means of corporate survival and competition. With the increasingly fierce market competition, the competition for senior management personnel and core technology has become increasingly fierce. Personnel turnover has become the most primary means of commercial secrets leakage. More and more companies recognized the importance of protecting trade secrets.n order to maintain healthy competition in the market, and promote the orderly development of the economy, we must strengthen the protection of commercial secrets.Which requires the employee to comply with the non-compete obligation is one of the important means.Based on analysis on unfair competition dispute case of Food Import and Export Company in Shandong Province.v. Ma Daqing, To analyze the relationship between commercial secret, non-competition and unfair competition behavior of the three.Commercial secret is the information of technology and business intelligence achievement enterprise with condensation, secrecy, value and confidentiality,plaintiffs in the case for their own business information is not confidential measures must, in addition to the day of kelp export trade opportunity does not belong to the scope of protection of commercial secret protection, so the plaintiff requested the export to Japan of Laminaria japonica trade opportunities can not be regarded as the business secret protection. Because there is no needed to protect commercial secrets,both the original defendant, there is no sign of any confidentiality agreement, the defendant has no obligations of statutory non-competition, and no contractual non-compete agreement, therefore, the defendant may be used in the original unit after the departure of the information, skills and experience, to the competition in the same field, the plaintiff can not be accused of non-competition responsibility. In the filed of infringement of trade secret litigation of the defendant, in violation of the duty of non-competition v. the reason is not sufficient, according to the "general terms" theory, the plaintiff may use "fallback provisions of the Anti Unfair Competition Law" to prosecute the defendant to steal their own business opportunities,as there is no court judgment basis error in application of law.