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    Company'S Intellectual Property And Confidentiality Provisions

    2010/11/26 17:45:00 242

    Company Intellectual Property Secrecy Provisions

      

    Company intellectual property

    and

    Confidentiality provisions

    :


    All employees' research achievements of XX company are important components of the company's trade secrets, and their intellectual property rights belong to the company. In order to strengthen the management of intellectual property rights and confidentiality of the company, these Provisions are formulated.


    I. ownership of intellectual property


    1, all the achievements of creation, research and technological development completed and conceived by the company during the period of employment are all owned by the company.

    Employees have the right of signature for the creation, research and technological development achievements.

    The creation, research and technological development achievements include, but are not limited to:


    A. within the scope of the company's business, the copyright of staff planning, design and creation is owned by the company; the employee's work for the purpose of performing his duties in the company's designated media is owned by the company other than the company's consent to enjoy the right of authorship and remuneration.


    B. publishes articles and research results, and the company enjoys copyright, authorship and remuneration.


    C. software product design.


    D. trademark design, logo design and so on.


    E. does not belong to the scope of employee duties, but belongs to the public business scope of all the above creative, research and development achievements, as well as the company's existing creation, research and development results improvement.


    2. employees will not disclose any information about the above research results to any third party without prior written consent from the company.


    3. during the company's work, employees do not occupy the working hours, and do not use the equipment, resources or business secrets of the company. The intellectual property rights of research and development achievements completed in spare time belong to the employees themselves.

    Except for the following situations:


    A. the research and development results are closely related to the company's business.


    B. the research and development results can actually be regarded as preemptive of the company's research and development results.


    C. the research and development results are based on the results of the company's job development.


    4. description of original intellectual property rights and related obligations


    A. patents, inventions, copyrights, technical secrets and trade secrets that employees have previously owned (without revealing the substance of these technical secrets and business secrets).


    B. employees have undertaken technical secrets and business secrets to confidentiality obligations to any third party in accordance with the law or agreement.


    C. employees have promised to engage in any activity within a certain period of time and in a certain field of work to any third party in accordance with the agreement.


    This written statement is listed as an appendix to the labor contract after the company has confirmed it.


    Two. Confidentiality of technical and commercial secrets.


    1. technical secret refers to the undisclosed technical information, which is developed by the company or in other lawful ways, and can bring economic benefits or competitive advantages to the company.


    2. trade secret refers to all information that is provided by a company or learned by employees during the company's work.


    The scope of technical secrets and trade secrets includes, but is not limited to:


    A.'s business development plan, planning, guidelines and objectives, including editing, publishing, distribution, advertising plans, personnel, financial situation and internal business rules, etc.


    B. company list of various authors, readers list, customer list, list of manufacturers, all kinds of survey data, analysis reports, and related database files and database procedures;


    C.'s existing information and information about the service items being developed or conceived;


    D. company's existing or developing business activity methods;


    E. about the company's existing and developing or conceived software products;


    F. in accordance with the law and agreement, the company has third party confidential responsibility for the third party business secrets.

    {page_break}


    Three. No leakage, no use of technical secrets and trade secrets.


    After the company's employment and termination of the employment period, the employees or dismissal employees can not disclose or provide any technical secrets or business secrets to the company without the written consent of the company. Unless performing the company's work, the employee can not use any company's technical secrets or trade secrets for other purposes, and can not copy, exchange or pfer information containing the company's technical secrets or trade secrets, whether or not these technical and business secret information is developed by the employees themselves.


    Four. Restricting competitive behavior.


    A. employees may not directly or indirectly engage in business that may damage the interests of the company during their employment.

    Without the agreement of the company, it can not be employed by the company's competitors at the same time; it can not provide consulting, advisory services to the company's competitors, whether direct or indirect, and can not hire any other employees of the company to work for themselves, nor can any other employees of the company be invited to engage outside the company.


    B. staff during their employment, due to information collected in their own work, business activities, methods, database files and procedures, documents and software products, design and planning of various business plans, public relations and established customer network are all confidential, employees are not allowed to disclose in any way, after leaving the office can not be divulged or used until these secrets in the industry become public knowledge information.


    C. employees may not recommend or introduce business activities that conflict with the interests of the company during or after two years of employment.


    D. within two years after the resignation of the employee, he shall not be able to provide competitive media services or work in any way to the company.


    5. confidentiality obligations after termination of employment period


    A. when the employment contract is terminated for any reason, the employee shall immediately hand over to the company all records, notes, outlines, data, models, samples and any other materials that he or she holds, including technical secrets and trade secrets, and complete the relevant formalities.


    B. employees ensure that after the termination of the employment period, they will continue to abide by the above provisions and strictly abide by the technical secrets and business secrets of the company they know during the company's stay, until the information becomes public knowledge in the industry.


    When the employee violates the above confidentiality clause, he shall pay the company a compensation equivalent to three months' wages and compensate for all economic losses suffered by the company.

    If necessary, the company has the right to pursue its legal liability in accordance with the relevant provisions of this provision.


    The above confidentiality clause shall not be invalid due to the termination of the labor contract.

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