| The protection of trade secrets in the flow of talents is a difficult problem that cannot be effectively solved both at the legislative level and at the practical level.As the core competitiveness of a company,trade secrets are the key to a company’s foothold in the fierce market competition.Its enormous value can create an incalculable economic value and competitive advantage for the company.For this reason,theft or disclosure of trade secrets through illegal acts has become more frequent,as disputes arising from trade secret infringements have increased year by year.At present,the protection of trade secrets by relevant laws in China is not satisfactory.Due to the late start of China’s trade secret legislation,the relevant laws and regulations are not complete enough.The legislative provisions on trade secrets are mainly scattered in various parts of the law.The regulations on trade secrets are different in each departmental law,and the legal provisions and legislative purposes are quite different.Far away,this has led to frequent conflicts of laws and regulations and difficulty in application at the level of practical operations,which has increased the difficulty of judicial trials for judges.The competition restriction system,as a method specifically used to protect trade secrets,is the best system measure in all current laws and regulations protecting trade secrets in China.In developed countries in Europe and America,it is very common to protect the business secrets of enterprises by signing a competition restriction agreement between employers and workers.The employer imposes a certain degree of restriction on the free choice of the departing employees,and stipulates that the departing employees are prohibited from engaging in competition with the original unit business within the prescribed time limit.Such a non-competition agreement is legally effective and can effectively balance the rights conflict between the employer’s trade secret rights and the laborers.At the same time,due to the current lack of relevant legislation,the relevant legislative provisions on the competition restriction agreement are relatively rough,resulting in the application of the competition restriction agreement in actual life is not reasonable enough,such as the scope of the competition owner,the amount of economic compensation,etc.Further improvement at the legislative level is needed.This paper takes the protection of trade secrets in the flow of talents as the starting point,focuses on the principle of balance of interests in the competition restriction agreement,discusses the current situation of relevant legislation in China,and puts forward the thinking and suggestions on the legal protection of trade secrets in China with reference to the experience of foreign advanced legislation. |
