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The Conflict and Coordination between Business Secrets Protection and Employee Mobility

Author: FengFan
Tutor: ZhengYouDe
School: Huazhong University of Science and Technology
Course: Economic Law
Keywords: Trade secrets Flow of talent Noncompete agreement
CLC: D922.294
Type: Master's thesis
Year: 2007
Downloads: 148
Quote: 0
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Abstract


With the reform and opening up , the free flow of talent has become a common phenomenon in society . Meanwhile, the result of trade secrets compromised due to the flow of talent has also become the main channel of trade secrets leak . The talent so frequent flow of how to protect the interests of employees while protecting corporate trade secrets , gaining widespread attention . Trade secrets and the right to free choice of employment belong to different stakeholders , so obvious is the dramatic conflict of interest between the rights of trade secrets of his former employee . Conflict coordination of trade secret protection , and the flow of talent , you must effectively balance the interests of all parties , must be necessary and reasonable restrictions . In this case , countries often the noncompete system . This paper would like to discuss with the United States, the United Kingdom , Germany and Japan, for example . In China, the the noncompete system gradually by the attention , but in the legal aspects of the system there are still many needs improvement aspects , such as additional coordination and improvement of relevant laws and regulations , the proper subject specific perfection and entities content etc., strengthen and perfect its legislation became a top priority . In this paper, the theoretical research and case analysis of a combination of methods , trying to balance the interests of both the perspective of the noncompete system of thinking , comparative analysis of other national parties law , and strive to explore our noncompete system needs to be improved aspects. New Labor Contract Law (Draft) \These Terms experts is a matter of opinion , different views and suggestions . It is worth noting that the value of balance is not a single legal regulations can be reached , the value of diversification of the status quo in the social field , the requirements of various members of the entire legal system together , play together, so the value of equilibrium may be expected to eventually achieve .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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