How to prevent company shareholders from changing jobs and taking away business secrets
Business secrets can give The holder brings economic benefits, and my country’s Anti-Unfair Competition Law has special provisions on the protection of trade secrets. Article 9 of the "Anti-Unfair Competition Law" stipulates: "Trade secrets as mentioned in this law refer to those that are not known to the public, have commercial value and are adopted by the right holder. Technical information, business information and other business information with corresponding confidentiality measures."
First, sign a non-compete agreement to restrict his/her work with a competitor company work to minimize the loss of trade secrets to competitors.
Second, if he has already gone to work for a competitor, he can issue a lawyer's letter to the competitor (his new employer), requiring the competitor to consciously not Infringement of relevant business secrets. At the same time, you can also solemnly declare to the shareholders who changed jobs that you will protect the business secrets of the original company.
Third, prove to the departing employees that the original company has the ability to impose criminal sanctions.
"Anti-Unfair Competition Law of the People's Republic of China"
Article 9 Operators shall not Carrying out the following acts of infringing on trade secrets:
(1) Obtaining the right holder’s trade secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means ;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession;
(4) Instigating, inducing, or helping others to violate confidentiality obligations or violateObtain, disclose, use or allow others to use the rights holder's business secrets based on the obligee's requirements for keeping trade secrets.
Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.
The third party knowingly or should have known that an employee, former employee or other unit or individual of the right holder of a trade secret has committed an illegal act listed in paragraph 1 of this article, still obtains , disclose, use or allow others to use the trade secret, it shall be deemed as a trade secret infringement.
Trade secrets as mentioned in this Law refer to technical information and business information that are not known to the public, have commercial value, and for which the obligee has taken appropriate confidentiality measures. and other business information.
"Anti-Unfair Competition Law of the People's Republic of China" Article 17 If an operator violates the provisions of this Law and causes damage to others, he shall bear civil liability in accordance with the law.
If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit with the People's Court.
The amount of compensation for an operator who is harmed due to unfair competition shall be determined based on the actual losses suffered by the operator due to the infringement; if the actual losses are difficult to calculate, the amount of compensation shall be based on The benefits obtained by the infringer due to the infringement are determined. If an operator maliciously commits an infringement of trade secrets and the circumstances are serious, the amount of compensation may be determined to be between one time and five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
The operator violates the provisions of Article 6 and Article 9 of this Law, the actual losses suffered by the right holder due to the infringement, and the benefits gained by the infringer due to the infringement If it is difficult to determine, the people's court shall award the right holder a compensation of not more than five million yuan based on the circumstances of the infringement.
Article 21 If operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article 9 of this Law and infringe commercial secrets, they shall be ordered by the supervision and inspection department Stop illegal activities, confiscate illegal gains, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan may be imposed.
Article 32: In case of infringement of business secretsIn civil trial proceedings, if the right holder of a trade secret provides preliminary evidence to prove that it has taken measures to keep the claimed trade secret secret and reasonably shows that the trade secret has been infringed, the alleged infringer shall prove that the trade secret claimed by the right holder does not fall within the scope of this Law. prescribed trade secrets.
If the owner of a trade secret provides preliminary evidence that reasonably indicates that the trade secret has been infringed, and provides one of the following evidences, the alleged infringer shall prove that there is no infringement of the trade secret Behavior:
(1) There is evidence that the alleged infringer has channels or opportunities to obtain the trade secret, and the information he uses is substantially the same as the trade secret;
(2) There is evidence that the trade secret has been disclosed, used or is at risk of being disclosed or used by the alleged infringer;
(3) There is other evidence showing that the trade secret has been infringed by the alleged infringer.
The above is the relevant content on the protection of trade secrets compiled by the editor of Legal Savior. If you have any other questions, please feel free to consult online.
No comments yet. Say something...