The act of violating business secrets has seriously disrupted to a fair market competition order，Become a constraint that hinders the healthy and sustainable development of the market economy。From the current legislature of our country，Commercial Secrets belong to the specific provisions of the Anti -Unfair Competition Law，It is protected by uniform competitive behavior，Protecting business secrets itself is a means，The "encouragement and protection fair competition" achieved by the protection of business secrets is the essence of the purpose。Of course，Fair market competition order is an indispensable business or business environment for market players to participate in business activities，Market subject is both the founder of the business environment，It is also a maintenanceer of a good business environment。Because of this，Article 9 of the "Optimized Business Environment Regulations" published by the State Council on October 23, 2019 Emphasize that market entities should be "honest and trustworthy、Fair Competition "。At the same time，Article 15 of the Regulations indicates that "the state's establishment of intellectual property infringement punitive compensation system"，That is, the regulations propose "the protection of intellectual property rights"，Obviously the protection of business secrets is no exception。Because，According to the provisions of Article 123 of the General Principles of the Civil Law，Business secrets belong to the category of intellectual property，Is a civil property right。

From the perspective of the theory of the intellectual property system，Protection of intellectual property rights is the protection of business innovation，bet365 live casino games Commercial secret protection is to encourage business innovation，It is to advocate business integrity，Business integrity is the inherent drive and fundamental guarantee of optimizing the business environment。So，Pay attention to and strengthen the protection of business secrets，It is an important way to optimize the business environment，It is also an inevitable requirement for optimizing the business environment。For this，Expert、Scholars are very concerned about this and make strategies，How to curb infringement to maintain a competitive order of integrity and fairness，Is an urgent need to respond。Discuss and conceive how to strengthen business secret protection，Create and "Optimize the Business Environment"，This article intends to put forward the reference countermeasures and suggestions from the following aspects。

　　bet365 best casino games Commercial Secrets are generated with business activities，Specific embodiment of business information such as technology or operation。Of course，Business secrets belong to business information，But not all business information is business secrets，​​Only having secrets at the same time、Confidentiality and value business information can become a business secret。The "three elements" of business secrets determine the intention of the business secret right holder to have the intention of confidentiality and confidential behavior，The intention of confidentiality is that you think that specific business information is secret and needs to be confidential，and have implemented a certain confidential behavior to achieve the effect of confidentiality。In other words，Commercial secrets should be in a state of confidential facts，The corresponding confidentiality measures taken by the confidential state at the same time are the confidentiality elements of business secrets，Confidential measures are an externalization of behavior of confidential intention of rights holders。So，The confidential intention of the right holder is both the commercial information it has to become the subjective requirements of business secrets，It is also the premise of guiding and implementing confidentiality measures，Only by this can internalize the consciousness of the right to protect business secrets，Then improve the ability to prevent infringement。

　Second, the confidentiality agreement to protect business secrets is the best choice.The confidentiality agreement is a expression of the meaning of the business secret right holder and the counterparty on the consensus of conservative business secrets，Confidentiality Agreement is common in restraining workers、Cooperation or trading counterparty。On the one hand，The confidentiality agreement is a usual confidentiality measure，Specifically to the practice of the confidentiality agreement cannot be too general，It should be defined，To be thick and fine，That is to clear the purpose of keeping secret，and the main range or object。other，One of the misunderstandings in the reality that also needs to be determined in this article is "asking others to comply with the confidentiality obligations in the confidential agreement，You need to pay a confidential fee "，In fact, the relationship between confidentiality agreement and confidentiality fee is unustained，Because the confidential obligation is usually from the basic legal relationship，Nai diligent obligation、Honesty and trustworthy or the purpose of the contractual purpose，The confidentiality obligations in the existence of labor relations are a legal obligation。On the other hand，The confidentiality agreement belongs to a usual confidentiality measure，and use after violating the confidentiality agreement、Disclosted or allowed others to use it is a typical type of business secrets。If the behavior of infringing business secrets is type,，So the main is two types: one is obtained by the implementation of improper competition、Use or disclose、Infringements allowed by others; the other is to violate the agreement or the requirements of the owner of the business secrets，Use or disclosure implemented、Infringements allowed by others，The closer related to this infringement also includes the implementation of instability、Lure、Help the behavior of the behavior、Use or disclose、Infringements allowed by others。The protection of business secrets and the specific measures taken should be for the purpose of preventing and curbing infringement，Therefore, it is necessary to recognize the specific behavior type of business secrets，Based on this, analyze the characteristics and advantages and disadvantages of various measures to protect business secrets，This will not be free from the law，Only in this way can we meet the reality and guide practice。

　　Third is the competition restriction agreement，A way of protecting a last resort。Commercial secrets are different from other types of intellectual property rights in the scope of its rights that are difficult to determine，and depend on the game of both the original defendant，Considering it by justice。At the same time，The scope of business secrets that have been judged has a case.、Dynamic and other characteristics，Therefore, the business secret right holder will be identified by the lawsuit，The result of the identification is also difficult to expect。other，Acts that invade business secrets have instantaneous and concealment，Infringement and loss are difficult to proof，Evidence of infringement is also difficult to obtain and fixed，and so on. This undoubtedly increased the cost of rights protection and difficulty in litigation of the right holder。In order to reduce the difficulty of defending rights and more conducive to the protection of business secrets，Then the agreement of racing restrictions in the employment relationship，It is agreed by the hiring parties，Employees shall not be within a certain period of time after leaving the employee to protect the employer's business secrets，The employer pays a certain amount of economic compensation as a consideration for employees。Anti -Restriction Agreement is a preventive measure to protect business secrets，The essence is to raise the original protection of "things" to the control of "people"，This greatly reduces the difficulty of the employer's proof。The Restriction Agreement Agreement contains many conflicts of rights，and restrictions on the equal employment rights of employees，Realization of the right to survival of employees，Therefore, the application of the restriction agreement of the competition needs to be strictly limited。

Specifically，In practice, the employer needs to pay a certain economic compensation to employees when the competition restriction agreement is applicable，Employees restricted by the competition should not be too broad，Generally, it should be the core technician of the enterprise or senior manager，The terms of the agreement cannot be discussed in a general，The deadline for competition restrictions、Areas and professional activities should be clear，Otherwise, there will be risks that are difficult to support due to illegal.。Because of this，Anthology restrictions different from the confidentiality agreement，The confidentiality agreement can be a conventional approach and there is no need to pay for the price，And the former based on the original intention of the system and the original meaning of legislation，Not allowed to be widely used or applicable to become "general"。What needs to be emphasized here is，The restrictions bet365 live casino games on the confidentiality agreement and competition are all protection measures for business secrets，Therefore, it is often easy to be confused or misused，But there are many essential differences in the two，The main legal basis of the former is the Anti -Unfair Competition Law，The main legal basis for the latter is the Labor Contract Law，The confidentiality agreement is generally recognized as a regular confidentiality measure，The competitive restriction agreement shall be considered to have nothing to do with confidentiality measures。

Needless to say，Under the perspective of the anti -unfair competition method，Protecting business secrets is "protecting the legitimate rights and interests of operators and consumers"，Protecting business secrets in the context of civil rights and business value is "strengthening the protection of entrepreneurs' rights and interests"。other，April 23, 2019，The Standing Committee of the National People's Congress on the decision to amend the "Anti -Unfair Competition Law" and other decisions，The most attractive and heated discussion is "the compensation amount of business secret infringement，increased from 3 million yuan to 5 million yuan "。April 26th World Intellectual Property Right，General Secretary Xi Jinping emphasizes "improving the protection of business secrets，Strictly cracking down on intellectual property infringement behaviors "。No doubt，Under the background at home and abroad that increases the protection of business secrets，Academic research on strengthening related issues related to business secrets，All systems that improve the protection of business secrets，It should have an urgent and practical significance。

　(This article is the 2019 National Social Science Foundation fund -funded project "Study on Legal Issues for Business Secrets and Competition for Competition" (19FFXB025)、Northern University of Technology's Yuyou team project "Protection of Entrepreneur Rights in the Law Business Environment" (0019xn136/007) phased results)

(Author Unit: Department of Law of North China University of Technology)