Intellectual Property Series. Volume 9

Author: Zheng Chengsi
Publisher:
Publish Date: 2003-08-01
Features: The non-compete clause in trade secret protection, as a highly controversial issue, arises from the conflict and balance between protecting trade secrets and respecting the right to free employment, reasonably restricting competition and talent mobility, encouraging competition and maintaining business ethics. It has evolved and matured through confrontation and coordination. Faced with legislative gaps, in China, practice has had to repeatedly take the lead in legislation, seeking a balance among different stakeholders and finding the optimal allocation of rights. However, China is not a common law country, and the exploration of practice is merely a preparation for legislation. After joining the WTO, China's market has further opened up, with a large influx of foreign companies. In the absence of legal frameworks, either intellectual property rights protection would be weakened, violating the international commitments we have made, or employers would exploit their dominant positions to infringe on the legitimate rights and interests of Chinese employees. Reality calls for further in-depth theoretical research and the prompt introduction of relevant laws and regulations to establish a relatively comprehensive legal system for reasonable non-compete clauses in China.