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商业秘密是不为公众所知悉,能为权利人带来经济利益、具有实用性并经权利人采取保密措施的技术信息和经营信息。企业商业秘密的保护,与人才的流失有着密切的关系。随着市场竞争日趋激烈,企业对人才的争夺,特别是对高级管理人才和核心技术人才的争夺也越来越激烈,伴随而来的是企业商业秘密流失的现象相当严重,企业要建立一整套科学的管理制约机制留住人才,还要制定严格的保护措施,享有对商业秘密的独占权。根据我国法律规定,禁止侵犯他人商业秘密,这不仅是保护权利人利益的需要,也是维持公平竞争的市场秩序的需要。
Business secrets are technical information and management information that are not known to the public, bring economic benefits to the obligee, have practicality and are subject to confidentiality measures by the obligee. The protection of business secrets, and the loss of talent has a close relationship. With the increasingly fierce market competition, enterprise competition for talent, especially for senior management personnel and core technical personnel more and more fierce competition, accompanied by the loss of business secrets is quite serious, companies should establish a set of Scientific management and control mechanism to retain talent, but also to develop strict protection measures, enjoy the exclusive right to trade secrets. According to our law, it is forbidden to infringe the trade secrets of others, which is not only the need to protect the interests of the rights holders but also the need to maintain a fair market order.