What are the laws for the protection of trade secrets
1. "Anti-Unfair Competition Law"
Article 9 Operators shall not use the following means to infringe business secrets:
(1) Obtaining rights through theft, inducement, coercion or other unfair means Human trade secrets;
(2) Disclosure and use Or allow others to use the right holder’s trade secrets obtained through the previous means;
(3) Violate the agreement or violate the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in its possession.
The third party knowingly or should have known the provisions listed in the preceding paragraph Illegal behavior, obtaining, using or disclosing other people's business secrets shall be deemed as infringement.Trade secrets.
The trade secrets referred to in this article refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
2. "Several Regulations of the Supreme People's Court on the Application of Laws in the Trial of Civil Cases of Unfair Competition" Explanation of the problem》
The relevant information in Article 9 is not If it is generally known and easily accessible to relevant personnel in the field, it should be deemed to be "not known to the public" as stipulated in Article 10, Paragraph 3 of the Anti-Unfair Competition Law.
If there is one of the following circumstances, the relevant information can be identified Does not constitute ignorance to the public:
(1) This information is common knowledge or industry practice for people in the technical or economic fields;
(2) This information only involves the product’s size, structure, materials, simple combination of components, etc., and the relevant public can directly obtain it by observing the product after entering the market;
(3) The information has been publicly disclosed in public publications or other media;
(4) This information has been disclosed through public seminars, exhibitions, etc.;
(5) This information is available from other public channels;
(6) This information is easy to obtain without paying a certain price.
3. "Labor Law"
Article 17 stipulates that “... the labor contract In addition to the necessary terms stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probation period, training, confidentiality, supplementary insurance and welfare benefits.”
Article 23 stipulates that the employer and the employee may agree in the labor contract to keep the employer’s business secrets and Confidential matters related to intellectual property rights. For employees who have confidentiality obligations, the employer may agree on non-competition clauses with the employees in the labor contract or confidentiality agreement., and agreed to provide workers with monthly financial compensation during the non-competition period after rescinding or terminating the labor contract. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 stipulates that non-competition restrictions The personnel are limited to senior managers, senior technical personnel and other personnel with confidentiality obligations of the employer. The scope, territory, and duration of non-competition shall be agreed upon by the employer and the employee. The agreement on non-competition shall not violate the provisions of laws and regulations. After the labor contract is terminated or terminated, the personnel specified in the preceding paragraph shall go to another employer that competes with the unit that produces or operates similar products or engages in similar business, or starts his own business in a competing employer that produces or operates similar products or engages in similar business. The restriction period shall not exceed two years.
4. Protection of trade secrets under the Criminal Lawspan>
Article 219 of the Criminal Law of the People's Republic of China It stipulates: “Anyone who commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined alone; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years’ imprisonment. Imprisonment of not more than 1 year and a fine:
(1 ) Obtain the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained through the previous means;
(3) Violating the agreement or violating the rights holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to information that is not available to the public Known technical information and business information that can bring economic benefits to the right holder, are practical and have been kept confidential by the right holder.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
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