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竞业禁止的目的是保护原雇主的商业秘密,是商业秘密保护的手段之一,如今已得到司法界、理论界与实务界的支持;由于其限制范围涉及劳工的工作权、生存权,因此竞业禁止协议约定效力的认定必须是约定内容合理完整而且具有可操作性,原雇主的诉由才会被法院接受,进而判决原告胜诉,反之则反。两岸交流目前日益加深,各自都通过了两岸条例与认可规定,对于跨两岸的竞业禁止判决(裁决)的相互认可与强制执行已于法有据,只是对具体的操作规范仍有待进一步完善。
The purpose of the prohibition of non-competition is to protect the trade secrets of the former employer. It is one of the means of protecting trade secrets and is now supported by the judiciary, theorists and practitioners. As its scope of restriction covers the right to work and the right of subsistence of workers, The non-compete agreement agreed validity must be agreed that the content is reasonable and complete and operable, the original employer’s appeal will be accepted by the court, and then the plaintiff won the verdict, and vice versa. Cross-Strait exchanges are deepening at present and each has passed the regulations and recognition requirements of the two sides of the Taiwan Strait. Mutual recognition and enforcement of the non-competition judgment (ruling) across the Taiwan Strait have been well documented and have yet to be further refined for specific norms of operation.