1. Is violating non-competition restrictions a crime of Trade secrets?
Workers Violating non-competition restrictions and leaking information about keeping agreed secrets, causing heavy losses to the right holder of the trade secret, may constitute the crime of infringement of trade secrets.
2. Relevant legal provisions
"Labor Contract Law of the People's Republic of China"Article 23 [Confidentiality Obligations and Competition Restrictions] The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidentiality matters related to intellectual property rights.
For employees who have a confidentiality obligation, the employer may agree on non-competition clauses with the employee in the labor contract or confidentiality agreement, and agree on the non-competition clause upon termination or confidentiality agreement. After the labor contract is terminated, the employee will be given monthly financial compensation during the non-competition period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 [Scope and Duration of Non-competition Restrictions] The persons subject to non-competition restrictions are limited to senior managers, senior technical personnel and other responsible persons of the employer. Persons subject to confidentiality obligations. 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 will be employed by other companies that compete with the unit that produces or operates similar products or engages in similar business. The non-competition period for an entity or its own business to produce or operate similar products or engage in similar business shall not exceed two years.
"Criminal Law of the People's Republic of China"
Article 219 [Crime of Infringement of Trade Secrets] Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined ; Those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Using theft, inducement, coercion or other improper means to Obtaining the right holder’s business secrets by legitimate means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;
(3) Violating the agreement or violating the obligee'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 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 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.
According to the provisions of the "Criminal Law", if an employee violates the agreement on non-competition, leaks the company's business secrets, and causes heavy losses to the company, the employee's behavior will violate the criminal law and constitute the crime of infringement of business secrets. , must bear criminal legal responsibility. If you need legal help, readers can go to the Legal Savior Network for consultation.
