Research On The Anti-unfair Competition Law Of Employee Infringement Of Company’s Trade Secrets

Trade secrets are the core of a company.Once disclosed,it will cause heavy losses to the company,which will not only reduce the market share,but even lead to the company’s bankruptcy.Therefore,the company attaches great importance to the protection of its trade secrets.Employees,as the most common infringement subjects of trade secrets,often come into contact with the company’s trade secrets in the process of work and use convenient conditions to steal and use the company’s trade secrets.The scope of trade secrets protected by anti-unfair competition law and the infringement of trade secrets recognized by anti-unfair competition law are often not clearly defined.When an employee infringes on the company’s trade secrets,it involves not only the anti-unfair competition law,but also other civil and commercial laws.It is often controversial whether to choose "criminal protection priority" or "civil protection priority" in the trial of cases of employee infringement of trade secrets.The balance between limiting employees’ freedom to choose jobs and protecting the company’s trade secrets is also tricky.The revision of the anti-unfair competition law in 2019 involves a large number of provisions on trade secrets.This paper also analyzes the provisions on trade secrets in the old and new anti-unfair competition law.From the anti-unfair competition law on the provisions of trade secrets,the different legal recognition of employees’ infringement of trade secrets,the protection of the company’s trade secrets and the balance of employees’ freedom to choose a career.To determine the nature of "confidentiality","value" and "confidentiality" of the commercial secrets protected by the anti-unfair competition law,and to break the principle of "punishment before people" and establish the trial mode of "taking trial as the center" in the coordination between the anti-unfair competition law and the criminal law;In terms of the coordination between the anti-unfair competition law and other civil and commercial laws,the labor contract law is adopted to protect the rights of ordinary employees,and the company law and the labor contract law are adopted to protect the rights of senior executives.In terms of the relationship between the employee’s freedom to choose a job and the protection of the company’s trade secrets,the principle of reasonable restriction and interest balance should be used to balance the interests of the two.By sorting out domestic cases,the author makes a theoretical analysis of employees’ behaviors of violating trade secrets,so as to effectively maintain the company’s trade secrets,promote the sharing of proprietary technology related to trade secrets,and reduce the protective investment of trade secrets.