论商业秘密的保密措施及其合理性

On Business Securities:Security Measure and Its Reasonableness

本文认为,保密措施是判断商业秘密存在的外在标志,企业有无采取保密措施及其合理与否,成为该权利是否受法律保护的前提。文章对企业可采取的保密措施及其合理性进行论证,认为在诸多保密措施中,保密协议最符合合理性这一指标,最易获得法律的确认,而且成本低廉,便于操作。但是订立保密协议时,在协议内容方面应做到合理、合法,竞业禁止必须置于合理的限制条件之下,体现权利义务的对等和公平原则。

Security measures are the external sign of the existence of business securities.In an enterprise security measures and the reasonableness of them are the prerequisite for the business securities being protected by laws.Among many security measures,security agreement is the one that is most reasonable and easy to be approved by laws.In addition,security agreement shares the advantages of being lower in cost and easier in practice.Several issues must be taken into consideration in signing a security agreement.First,the content of the agreement should be reasonable and legal.Second,restraining clauses should be restricted so as to reflect the principle of being equitable.