How to view trade secret protection
First. From the perspective of the relationship between the trade secret holder and the trade secret infringer, except that there is no relationship between the two parties, but the infringer infringes the trade secret through unfair means, such as theft, inducement, coercion, etc., the trade secret infringement mainly occurs in Among sales, contracts, authorizations, and employment relationships, the employment relationship is the most prone to infringement of trade secrets. The Anti-Unfair Competition Law regulates the infringement of trade secrets through unfair means. The Contract Law regulates the infringement of trade secrets in the context of civil contractual relationships. The Anti-Unfair Competition Law regulates the infringement of trade secrets when there is an agreement to keep trade secrets or the obligee's request to keep trade secrets. This includes contractual agreements between civil parties and agreements under employment relationships. Company law and criminal law mainly regulate the infringement of trade secrets where labor relations exist.
Second. When there is a labor relationship, existing laws have a premise for the protection of trade secrets, that is, the workers are self-operated or operated for others, excluding situations where the workers work for other enterprises. Directors, supervisors and senior managers shall abide by laws, administrative regulations and the company's articles of association, and have a duty of loyalty and diligence to the company. Article 149 stipulates that directors and senior managers shall not, without the consent of the shareholders' meeting or general meeting of shareholders, take advantage of their positions to seek business opportunities belonging to the company for themselves or others, operate for themselves or for others similar to the company they work for. business; unauthorized disclosure of company secrets; other behaviors that violate the duty of loyalty to the company. Directors, Senior ManagementThe income earned by management personnel in violation of the provisions of the preceding paragraph shall belong to the company. If the Anti-Unfair Competition Law stipulates operators, according to Article 2 of the Law, operators refer to legal persons, other economic organizations and individuals that engage in commodity-based profit-making services.
Third. Different laws have different scopes of protection for trade secrets. The protection scope of the Anti-Unfair Competition Law is broad, which is mainly reflected in three aspects: First, the Anti-Unfair Competition Law has no restrictions on the qualifications of the infringing subject. All workers who know business secrets and violate agreements or regulations can constitute infringement. Trade secrets. The subjects of infringement stipulated in the Company Law are directors and senior managers. The criminal law provides for directors and managers of state-owned companies and enterprises. Secondly, the Anti-Unfair Competition Law protects both non-patented technologies and business information. Corporate law and criminal law mainly protect business opportunities, which include business information but do not include non-patented technologies.
Fourth. The Anti-Unfair Competition Law not only regulates employees’ behavior of keeping trade secrets during their working life, but also regulates their behavior of keeping trade secrets after they leave their jobs. However, company law and criminal law only regulate workers' behavior of keeping business secrets during their tenure.
The above is the relevant information summarized by the editor of Legal Savior Network If you still don’t understand the content of this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.