Trade secret is technical information or business information not exposed to the public aware that have real or potential value and can bring economic value to the person who owns the right while the owner take security measures to keep it. In now knowledge-based economy age, trade secret plays a more and more important role in the competition of enterprises as a kind of intangible asset with immense economic possibility. The repaid development of enterprises expands the demand of talents, the free flow of talents become a performance of social progress. Meanwhile, the cases about trade secret infringement occur. Non-competition Agreement is a key measure to protecting trade secret in the flow of talents. This article observes in the way of balancing the employer’s interests and employee’s rights by combining theoretic study with case analyzing. And after compared with the trade secret laws in America, and Germany this article will give some advice to the legislation of Trade Secret Protection Law in china.
KEYWORDS：Trade Secret, Flow of Talents, Non-Competition Agreement
