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商业秘密是指不为公众所知悉,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。在激烈的市场竞争中,商业秘密往往成为企业在竞争中取胜的重要砝码。一旦商业秘密被他人所获取并加以利用,就会使权利人丧失竞争优势,甚至导致破产。从司法实践看,商业秘密纠纷最主要表现在内部人员带走本单位的商业秘密,然后与之开展不正当竞争。因此,保护单位的商业秘密,最重要的是要做好内部人员的管理工作。从劳动法律角度看,主要体现在以下几个方面: 一、建立健全商业秘密保护的规章制度。《劳动法》规定用人单位有权制订规章制度,合法的规章制度具有全体人员必须严格遵行的法律效力。因此,企业应当尽快建立健全规章制度,从制度上把好守密关。一是加强教育,采取切实有效的措施,加大宣传力度,特别要加强对《劳动法》、《合同
Trade secret refers to the technical information and management information that is not known to the public, can bring economic benefits to the obligee, is practical, and is confidential by the obligee. In the fierce market competition, trade secrets often become an important factor in the business to win. Once the trade secrets are acquired and utilized by others, the rights holders lose their competitive advantage and can even lead to bankruptcy. Judicial practice shows that the most important commercial disputes arise when insiders take away their trade secrets and unfair competition with them. Therefore, the protection of business secrets, the most important thing is to do a good job in the management of internal staff. From the labor law point of view, mainly reflected in the following aspects: First, establish and improve the protection of trade secrets rules and regulations. The Labor Law stipulates that employers have the power to formulate rules and regulations, and legal rules and regulations have the legal effect that all personnel must strictly comply with. Therefore, enterprises should establish and improve rules and regulations as soon as possible, and keep the secrets of the system from the system. First, to strengthen education, take effective measures to increase publicity efforts, in particular, to strengthen the “Labor Law”, "contract