26 Jul 2008

Beware shareholders switched away trade secrets

Trade secret holders can bring economic benefits, China's anti-unfair competition law to protect trade secrets have special requirements. Dalian, a Science and Technology Development Co., Ltd of several products, as long development, testing and development completed in the domestic market are in a unique position to protect the secret technology products, the company has adopted a series of security measures. And the company's shareholders in a switch, not only took away the company's confidential, and independent production companies and products identical to the original company. Recently, Xi Gangqu court finds that the company violated trade secrets, the first-instance judgement 160,000 yuan compensation.

Contractual secrecy provisions

Dalian Science and Technology Development Company of a legal representative of Mr. Wang from 1995 onwards, the founder of aerodynamic engineering enterprises, 2002 is the establishment of science and technology development company, the company developed products for sale is a electromagnetic products, and its products in the domestic market In a unique position, which is a product Mr. Wang spent about a year's time, the cooperation of outside plant after several tests to complete the development. As products are original, the company on products, customer files and drawings have taken security measures, and the staff of the labor contract must be expressly agreed in the conservative business secrets, if leakage is at your own risk.

Shareholders switch away secrets

Mr. Qin Mr. Wang is the host of a technology development company shareholders, is responsible for product sales, for operational reasons, Mr. Qin understanding and contact the company's product plans and technology and business customers. The end of 2003, Mr. Qin and responsible for the production, the work of two common financial service. Mr. Qin immediately to the City Council for Trade and Industry to form a new company, and the new company's products and technology development company confidentiality of the same products, the new company's original technology development company trade secrets in their own companies use. Mr. Qin also used the original business sales channels and telephone contact with customers, products on the market soon.

Commercial secrets protected by law

To protect the company's business secrets, science and technology development companies will be Mr. Qin and established companies to court. Recently, the Court of First Instance judgement Xigang Qu Mr. Qin and the establishment of the company to stop infringement, compensation for technology development company 160,000 yuan of economic losses, and in the newspapers or professional journals apologize. A representative of the plaintiff law firms in Liaoning new century lawyer Yan Wu said that China's Anti-Unfair Competition Law provides that no real trade secrets to the public knows the right people can bring economic benefits, relevance and the right to take confidential Measures of technical information and economic information, like the Coca-Cola formula, the products on the market in a unique position to decide on the technical achievements of the public do not understand the nature of the business secrets of all this is also the economic benefits , Illegal access to trade secrets, disclosure, the use of illegally obtained trade secrets, and so is a tort.

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