The Study of Trade Secrets and after resignation Non-Competition Systems

• Main Authors: Li-Fen Liu, 劉麗芬
• Other Authors: Jiunn- Yann Chiou
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/81339879295493970169

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 105 === To ensure competitive edges, each and every enterprise will strive to enhance or protect its own interests in a variety of ways. A confidentiality agreement is one of them. It is a pure extension of the obligation of loyalty to make a confidentiality agreement so as to prohibit the leakage of the former employer's business secrets after resignation. Such extent of disadvantage is relatively small compared to the non-competition clause in which the labor rights to employment are violated. The trade secret leakage of the employees during or after work causes a major blow to the global high-tech industry and economy. The scope and content of the application of non-compete clauses thus triggers the research motive of the legal application and case study of the non-competition clause. The theme of this paper is the cross-strait confidentiality agreements and non-competition clauses. To start with, understanding the origin and development of trade secrets and non-compete clauses of our country and other countries as well by consulting historical documents, followed by the differences and correlations of the confidentiality agreements and non-compete clauses between Taiwan and mainland China. Last, the exploration of non-competition agreements after resignation and the problems brought about by them. For general laborers, complex or profound laws are way beyond their comprehension. All they know is that if they wish to get jobs, they may probably be forced to yield and sign a written confidentiality and non-competition agreement. Hence, this paper deals with an in-depth case study and a proposition of a two-stage review on non-competition terms, in the hope that this can be of help in practice and in law.