1. How to protect trade secret rights
1. The ways to protect trade secret rights are:
(1) Sign a non-compete agreement with company employees;
(2) Sign a confidentiality agreement with company employees.
If an employee violates regulations and discloses company secrets without authorization, the income earned shall belong to the company.
2. Legal basis: According toArticle 148 of the "Company Law of the People's Republic of China" Regulations stipulate thatDirectors and senior managers shall not engage in the following conduct:
(1) Misappropriating company funds;
(2) Opening and storing company funds in his or her own name or in the name of other individuals;
(3) Violating the provisions of the company's articles of association, lending company funds to others or using company property to provide guarantee for others without the consent of the shareholders' meeting, general meeting of shareholders or the board of directors;
(4) Violate the provisions of the company's articles of association or enter into a contract or conduct transactions with the company without the consent of the shareholders' meeting or general meeting of shareholders;
(5) Without the consent of the shareholders' meeting or general meeting of shareholders, take advantage of the position to seek business opportunities belonging to the company for yourself or others, and operate the same business as the company you work for yourself or for others;
(6) Accepting commissions from others’ transactions with the company as your own;
(7) Disclosing company secrets without authorization;
(8) Other behaviors that violate the duty of loyalty to the company.
Income obtained by directors and senior managers who violate the provisions of the preceding paragraph The income should belong to the company
2. What rights does trade secret right include
1. Right of possession
The right to possess a trade secret refers to the actual control and management of the trade secret by the right holder. The actual control and management of the trade secret by the right holder is the prerequisite for the competitive advantage brought by the trade secret. . This kind of control and management includes taking reasonable confidentiality measures to prevent others from obtaining, leaking and using it through improper means.
2. Right to use
The right to use means that the obligee uses the trade secret according to the nature and purpose of the trade secret. The obligee has the right to use his or her Trade secrets in accordance with the law, and others are not allowed to interfere. In statutory or If the parties agree, non-rights holders may also use the trade secret.
3. Revenue rights
Benefit rights refer to the benefits brought by collecting trade secrets. The right holder has the right to obtain corresponding economic benefits by using it himself or permitting others to use it. He can also obtain economic benefits from the transferee by transferring the trade secret. The right holder Trade secrets can also be used as investments to obtain economic benefits in production and operations. The right to income is generally exercised by the obligee. When others exercise trade secrets, unless otherwise provided by law or contract, the proceeds belong to the obligee.
4. Right of disposalThe right of disposal means that the owner of a trade secret has the right to dispose of his or her own trade secrets. For example: giving up the possession of trade secrets, no longer taking confidentiality measures to keep trade secrets, donating or transferring trade secrets, etc.
3. What are the characteristics of trade secret rights?1. Rights of trade secret rights The subject is not single. The same trade secret may be controlled by both A and B, and both parties have adopted confidentiality measures. Multiple rights holders of the same trade secret can possess, use, dispose of and benefit from the trade secret;
2. The objects of trade secret rights—technical information and business information—also have their own individual characteristics. Among trade secrets, technical secrets have high or low creativity, while business information usually has no obvious creativity. When determining whether an information is a trade secret, its confidentiality and value become the key;
3. The protection period of trade secret rights is not certain. There is no legal provision for the protection period of trade secret rights. The length of the period depends on whether the obligee's confidentiality measures are effective and whether the trade secret is disclosed. As long as the trade secret is not leaked, it will always be protected by law.
Automatically obtained from the date the trade secret is generated. Different from this, the acquisition of creative achievement rights such as patent rights, integrated circuit layout design rights, and new plant variety rights often requires approval by state agencies and has the characteristics of being granted by the state. The reason for this difference is mainly because trade secrets are confidential and cannot be approved by the state. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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