The accused: Wang Mou

　　Brief of a case: Encroach commercial secret to compensate for loss dispute

1998 second half of the year, the accused that ever pursued technical development in accuser factory leaves accuser plant, be hired by the another machinery plant that makes with machine of job of accuser department person of the same trade, also be engaged in a technology developing the work. Before long, accuser is received inform against, the CAD software technology that says the accused develops accuser proper motion development divulges this machinery plant. Subsequently, the sale that accuser discovers to its use the product that this technology produces to be in some area again drops suddenly, via investigating discovery, the product that with its the accused with same product is in a factory appeared on the market of this one area. Join afore-mentioned cases, accuser thinks the accused divulged technology of its CAD software, encroach its with the accused then for commercial secret, to forensic to lodge a complaint, requirement the accused recoups a loss 100 thousand yuan.

After the court accepts this proposal, find out via cognizance, the CAD software technology that accuser proper motion develops belongs to commercial secret. The accused is in leave accuser plant a few days ago, after oneself the CAD software of administer is copied, privately is placed in the book to bring back the home. After the accused leaves accuser plant, immediately is shown to be in a factory to recruit by its, signed the agreement that recruit, consultative agreement the accused is engaged in in this factory and development of responsible technology development works. But, the accused is during accuser factory job, accuser and the accused had not signed the confidential agreement of any forms.

After the court is tried, think, although the accused has the fact that encroachs accuser trade secret, brought commercial loss to accuser, but the accused is during accuser factory job, had not signed a technology with accuser confidential agreement, reason accuser asks the accused compensates for losing lawsuit to request not to have legal basis. Accuser is in witting after this manages together, referred to the court recall prosecution application. Forensic ruling gives allow accuser nolles prosequi.

　　 Comment on:

So-called business is private, it is to point to do not be public place know, can bring economic profit for unit of choose and employ persons, have practical the technical news that takes confidential step via unit of choose and employ persons and management information. It includes technical secret and commercial information. " labor law of People's Republic of China " the 22nd regulation: "Labor contract party can agree in labor contract business of unit of conservative choose and employ persons concerns item secretly. " the 102nd regulation: "The requirement that laborer violates this code to decide removes the confidential item that labor contract perhaps violates the agreement in labor contract, cause pecuniary loss to unit of choose and employ persons, ought to assume liability to pay compensation lawfully. Ought to assume liability to pay compensation lawfully..
Previous12 Next

Previous:Employee does not wish to relieve guard be sentenced to compensate for by dismis
Next：Drive is self-abased increase self-confidence 10 laws