The Highest Penalty For Employee Job Hopping Is 200 Thousand.

Nanfang Daily (reporter / Liu Qian correspondent / Hong Jianlin Hu Yanni) recently learned from the Provincial Bureau of industry and commerce, the first in Guangdong province. Trade secret Administrative litigation case Zhuhai xx electric power technology Co., Ltd. v. Zhuhai industrial and commercial bureau's case has been decided by the Guangdong provincial high court for second instance, upheld the original judgment of the first instance, and supported the decision of the Zhuhai industrial and commercial bureau to punish the company's infringement on business secrets, and dismissed the litigation request of the company. The provincial industry and commerce department responsible person said that the highest penalty for employee job hopping is 200 thousand yuan, a serious penalty.

Spot seizure of alleged infringement Identical products

In May 6, 2008, the Zhuhai Municipal Administration for Industry and Commerce reported that the company had infringed its trade secrets and asked the Zhuhai Bureau of industry and commerce to investigate and deal with it. In May 7, 2008, the law enforcement officers of Zhuhai industry and Commerce Bureau carried out field inspection on the premises of the company. It was found that the material list of the five kinds of power saving products such as "automatic switching three phase power saving tyrants" and "street lamp Saver" were stored in the computer controlled by Zhang x, and the material list of the components of the "PCB plate component of the electricity saving device". At the scene, two pieces of finished products of PCB (circuit board) and a bare plate of uninstalled components were seized at the scene. Among them, the name, quantity and order of material listed in the "material list" of components of "PCB plate components" are exactly the same as those of the obligee. The "power saving devices" and "street lamp Saver" circuit boards were compared with the similar products of the company, and identified by the technicians of the company and approved by Zhang x, the two have a very high rate of agreement, and the coincidence rate of each item and technical parameter of the circuit board is over 80%.

One of the managers of the infringing company is the original. Clerk

It is reported that the company was founded in July 17, 2007, and the company was jointly funded by two natural shareholders. Its shareholders are Wang Xun and Huang * two. Wang Xun is a shareholder and legal representative of the company. However, he has been in Jiangxi province and has never participated in the management of the company. Zhang X and Huang X are husband and wife. The right to manage the company has been held by two couples. During the period from May 8, 2004 to December 22, 2006, Zhang x worked as an electronic engineer and R & D Manager in the office of noble company. He had the advantage of stealing the technical information of the company. After leaving the company, Mr. Zhang worked for her husband Huang XX's newly established * * company, which was responsible for the design of the switchgear intelligent control device (instrument class) engineering drawing, the design and test of the energy saving product circuit board.

Stealing the technical data of the company by using his duty

During his tenure in office, Zhang x, in order to build similar products in the future, produce similar products and take advantage of his duties. Without the approval of the company, he took advantage of improper means such as entrainment and copy (backup) to steal the "material list" of the "material list" and the "PCB plate components" of all kinds of energy saving products stored in computer storage medium and paper medium. After obtaining the above trade secrets, Zhang x used the above technical information stolen from the company. The company commissioned others to produce bare circuit boards according to the "circuit diagram" of nobi company, and organized and purchased the materials according to the "material list" of the company. By welding and assembling, the company finally produced the printed circuit board products for the sale of products such as power saving devices, street lamp saver and so on.

In accordance with the relevant provisions of China's Anti Unfair Competition Law, the Zhuhai Municipal Bureau of industry and Commerce has confirmed that the technical information of the "material list" of the components of the "PCB plate components" of the company and the printed circuit board products made of these materials are legally owned by the company, which is not known to the public, can bring economic benefits to the company, and is practical, and is protected by the law of our country through the protection of the secrets taken by the company. The behavior of * * company constitutes the act of infringing commercial secrets as mentioned in the tenth section of the anti unfair competition law.