Research On The Application Of "Research On The Legal Regulation Of Non-competition Agreements From The Perspective Of Trade Secret Protection"

The protection of trade secrets is an important link in the healthy operation of today’s market economy and an unavoidable proposition for the long-term development of enterprises.The non-competition agreement,as an effective means to cut off the correlation between the trade secrets of workers and employers,has become a coordination between workers and employers.A lubricant for conflicts of interest between employers,and trade secret protection is a key element that distinguishes a non-compete agreement from other agreements.Trade secrets themselves have the characteristics of secrecy and value,and are the intangible benefits of the operation and development of the employer,which are related to the development and survival of the employer.The optimization and upgrading of the market economy will inevitably increase the job-hopping rate of workers,and at the same time increase the risk of leakage of trade secrets.Laborers are related to the employer’s trade secrets based on factors such as job position,job nature,and type of work,and laborers can obtain improper benefits by using such connections,and cause certain economic losses to the employer.However,employers are often in a strong position based on their advantages in status,economy,technology,etc.Instead,they will harm the legitimate rights and interests of workers through non-competition agreements.Therefore,balancing the economic interests of the employer with the legitimate rights and interests of the workers is the basic concept for improving the actual operation of the non-competition agreement,and it is also the point where my country’s current trade secret protection related rules need to be improved.Legal evaluation is a balancer for resolving conflicts of interest.Through the optimized design of the legal system,the normative role of the law can be implemented.The legal operation of trade secret protection and non-competition agreements involves normative legal documents such as the Civil Code of the People’s Republic of China,the Labor Contract Law of the People’s Republic of China,and the Anti-Unfair Competition Law of the People’s Republic of China,and the corresponding economic system has not been perfected,resulting in the employer’s trade secrets cannot be protected in a timely and effective manner.To optimize the system design of the non-competition agreement,it is necessary to adhere to the organic unity of "prevention of abuse" and "disposition protection" to ensure that the non-competition agreement can perform its coordination function.In order to better reflect the problems existing in the process of competition,the second chapter of this paper selects four representative cases,summarizes the practical difficulties such as the large disputes in the application of relevant laws,the lack of unity of specific categories of trade secrets,the unreasonable sequence of economic compensation obligations and confidentiality obligations,and the inconsistency of the nature of disputes cases.By combing the theory of the legal regulation of non-competition agreement,comparing the legislation and judicial practice of the United States,Britain and Germany on the non-competition agreement,in order to better protect the trade secrets of the employer and the legitimate interests of the workers,it is proposed that the non-competition agreement should conform to the principles of legality,autonomy of intention,honesty and credit in the civil code,in the substantive part,it is necessary to strengthen the legal regulation of the non-competition agreement,improve the relevant provisions in the Labor Contract Law,clarify the effective requirements of the non-competition agreement,and correctly grasp the relevant countermeasures of the reasonable standard of economic compensation.