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The Conflict and Balance of Interests Based on Prohibition of Business Strife in the Protection of Trade Secrects

Author: WengZuoHui
Tutor: BiYing
School: Beijing Jiaotong University
Course: Economic Law
Keywords: Trade secrets Noncompete Conflicts of interest Equity balance
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 117
Quote: 0
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Abstract


Trade secrets is a product of historical development to a certain stage . To rights holders as a special kind of intellectual property rights , it can bring substantial actual or potential economic benefits , is a core factor for enterprises to maintain its competitive advantage in the fierce competition in the social . Countries have legislation for the security of trade secrets , stressed that the implementation of the law to protect . Therefore, the the noncompete system came into being . One end of the system is the employee's right to work, the right to free choice of employment and social public interests ; other end of the trade secrets and commercial interests , and how to weigh the multi- weight basis , maintaining a fair balance of the law , justice , which is both legislators need solve the problem as well as the legal theory workers need to seriously study the subject . In this paper, the theoretical analysis , comparative analysis , trade secret protection perspective , the argument from the point of view of jurisprudence and economics the noncompete exist theoretical basis . From the point of view of comparative law , the United Kingdom, the United States , Japan , Germany and other foreign legislation on non-competition provisions and judicial practice . Not uniform, for the protection of our trade secrets , noncompete provisions involving the lack of balance of relevant interests conflict unreasonable noncompete the proposed Perfection of noncompete legal advice . Including the system of trade secret law \sign , business scope , geographic scope , duration , compensation standards set reasonable limits and to identify except to fulfill specific . Hope that this article discusses helpful in building the the noncompete system in the protection of our trade secrets .

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