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Research of Prohibiton of Business Competition in the Protection of Trade Secrets

Author: LuoLiMin
Tutor: FengXiaoQing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: trade secrets talent flow competition prohibition balance of interests
CLC: D922.294
Type: Master's thesis
Year: 2008
Downloads: 214
Quote: 3
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Abstract


The competition of modern enterprises is focused on the knowledge and talents. The monopolized information concerning the technology and management and the professionals who have mastered the information become the targets the different competing enterprises scramble for, thus leading to numerous trade secrets disputes. With the gradual improvement and development of the market economy, the free flow of talents has been an inevitable trend. How to effectively and fully protect the enterprises’ trade secrets and the legitimate rights of the laborers as well become one of the most concerned hot point in contemporary legislation. As an important tactics for the enterprises to protect the trade secrets, competition prohibition is increasingly widely utilized to be an important regulation in civil and commercial law.From the view of protecting commercial secrets, this dissertation tries to probe into the theoretical foundation for the establishment, the regulation of the legal system, the implementation of the system of prohibition based on the principle of balance of interests. Except for the introduction and conclusion, the main body of the dissertation is divided into four parts:The first part discusses the concept, the characteristics and historical development of competition prohibition, expounds on the relationship between the trade secrets and prohibition, indicates that the emergence of prohibition is an inevitable result of the development of market economy, and introduces the related contents in foreign countries.The second part discusses the basis of the theory from the perspective of the law and economics.I believe that the establishment of the system of prohibition is a result of the comprehensive action among multiple theories and an outcome of the balance among different interests.The third part tries to study the Regulation of the legal system of competition prohibition. In this section, the writer analyses the basic principles, the forms, the reasonable prohibition and legal norms of our country’s system of prohibition, attempts to point out the defects of our existing legislation concerned, and tries to provide some suggestions for improvement.The fourth part discusses the measures adopted by the enterprises to safeguard the trade secrets, the contents and the effectiveness of the agreement on prohibition. This section also proposes the issues that should be paid attention to in the process when entering into the agreement on prohibition. I sincerely hope that all the above may be conducive to the enterprises.

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