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The Protection of Trade Secrets under the Non-compete Agreement:Collation and Research about 74 Judicial Documents from Non-compete Cases

ZHU Peng(China University of Political Science and Law,Beijing 102249,China)  
By collating and researching non-compete cases,we find that:in terms of the protection of trade secrets,due to the fact that infringement complaints are difficult to be supported,companies are more likely to bring breach of contract lawsuits based on non-compete agreements.But on the relationship between economic compensation and the effectiveness of non-compete agreement,the courts tend to identify the non-compete agreement without economic compensation invalid.Since the dominant "invalid theory" puts the protection of trade secrets into a dilemma and does not substantially protect workers' right to choose employment,we agree with the "valid theory" which allows the employer and the employee to reach supplementary agreements to confirm the effectiveness of non-compete agreement.
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