How to analyze whether it is a labor dispute or a trade secret infringement
If the employment contract clearly stipulates the confidentiality of business secrets, Contents: If a labor dispute occurs due to the employer's trade secrets being infringed due to the employee's failure to perform, and the parties apply to the Labor Dispute Arbitration Committee for arbitration, the arbitration committee shall accept the application and make a ruling in accordance with the relevant provisions and the labor contract.
Identification of company trade secrets
"People's Republic of China Against Unfair Competition" Paragraph 3 of Article 9 of the Law stipulates that trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder. ”
From the content point of view, business includes technical information , operating information and management information. Based on this case, the customer list is its own unique operating information accumulated in the course of its operations. Combined with the provisions of Article 2, Paragraph 4 of the "Confidentiality Agreement", it can be recognized as operating information.However, the company lacked evidentiary materials regarding technical information.
From a characteristic point of view, trade secrets are composed of four elements: confidentiality, value, practicality, and confidentiality measures, all of which are indispensable. Confidentiality means that the relevant information is not generally known to the public and the information is not generally known to the public. Information cannot be easily obtained from public channels; value means that it can bring actual or potential economic benefits to the right holder, and the owner has a competitive advantage by mastering the trade secret; practicality means that the information constituting the trade secret has a certain certainty Applicability refers to a specific plan or form that can be put into practice; taking confidentiality measures means that the right holder subjectively treats the information as a secret, and objectively takes appropriate confidentiality measures to maintain the confidentiality of the information.
In practice, the value of trade secrets There is mostly no dispute with the determination of practicality, so the determination of the confidentiality of trade secrets and the adoption of confidentiality measures have become the key to determining the existence of trade secrets. In this case, the company's satellite synchronized clock is a kind of technical information that cannot be obtained by the public from open channels, so it can be considered confidential. In addition, the company has established its own confidentiality system, provides on-the-job training to employees, and strictly requires employees to keep secrets. Company secrets; the company has signed labor contracts and confidentiality agreements with its employees, which define the scope of the company's business secrets, and accordingly requires employees to assume confidentiality obligations and non-competition obligations; the company designates dedicated personnel to manage the company's technical information, etc. These measures can be regarded as the company has adopted strict confidentiality measures for relevant business secrets.
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