1. What are the circumstances of infringement of trade secrets
1. The act of obtaining trade secrets by improper means; the act of disclosing, using or allowing others to use trade secrets obtained by unfair means; the act of disclosing, using or allowing others to use the legally held trade secrets of the right holder; the act of a faulty third party Acquisition, use or disclosure.
2. Legal basis: Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China" Operators shall not commit the following acts of infringement of trade secrets: theft, bribery , fraud, coercion, electronic intrusion or other improper means to obtain the right holder’s business secrets; disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph; violate confidentiality obligations or violate the right holder’s requirements to keep business secrets , disclose, use or allow others to use the business secrets in their possession; instigate, induce, and help others to violate confidentiality obligations or violate the obligee's requirements for keeping business secrets, and obtain, disclose, use, or allow others to use the obligee's business secrets. If other natural persons, legal persons and unincorporated organizations other than operators commit the illegal acts listed in the preceding paragraph, they shall be deemed to have infringed upon trade secrets. If a third party knows or should know that the employees, former employees or other units or individuals of the right holder of the trade secret have committed the illegal acts listed in paragraph 1 of this article, but still obtains, discloses, uses or allows others to use the trade secret, it shall be deemed as a trade infringement. secret.
2. How to protect corporate trade secrets
When an enterprise takes measures to protect trade secrets, it can protect it through the following ways at the same time or separately:
Labor law protection is achieved through the model of "confidentiality agreement + non-competition agreement", because both methods have their own advantages and disadvantages. Since the company requires both low spending and long-term effectiveness, it can only do this. If the employeeEnterprises that breach the contract can initiate labor arbitration to safeguard their rights.
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