Answer: In the judicial practice, the right holders in trade secret infringement cases are usually the owner of trade secrets, but other right holders, such as the licensees of trade secrets, may also become the right holders of trade secrets. The persons who are liable for infringements of trade secrets are not necessarily limited toRead more about 150.Who are the right holders and tortfeasors in trade secret infringement cases?[…]

Answer: The legal liabilities for trade secret infringement encompass civil liability, administrative liability (see “What administrative liabilities are trade secret infringers subject to?”), and criminal liability (see “What criminal liabilities are trade secret infringers subject to?”). The civil liability for trade secret infringement includes five types: cessation of infringement, compensating for losses, apologizing, bearing theRead more about 151.What civil liabilities are trade secret infringers subject to?[…]

Answer: A trade secret infringer may be simultaneously liable for civil liability (please refer to “What civil liabilities are trade secret infringers subject to?”), criminal liability (please refer to ¡°What criminal liabilities are trade secret infringers subject to?¡±) and administrative liability. Administrative liability refers to the administrative penalties imposed by administrative authorities on infringers. ArticleRead more about 152.What administrative liabilities are trade secret infringers subject to?[…]

Answer: When an infringement of trade secret reaches a certain severe level, it may constitute a criminal offence. Criminal liability for infringement of trade secrets is the most severe form of liability and the most powerful means for the right holder of trade secrets to stop infringement. Minor trade secret infringements of course only attractRead more about 153.What criminal liabilities are trade secret infringers subject to?[…]

Answer: Articles 23 and 24 of the Employment Contract Law stipulate that non-competition is a measure taken by an employer to legally restrict employees who leave their jobs to work in competitive industries, so as to protect their trade secrets preventively. Non-competition specifically means that the employer may sign an agreement with senior managers, seniorRead more about 154.What is non-competition and liability for breach of non-competition?[…]

Answer: This question is essentially whether the scope of employees permitted by law to undertake the obligation of non-competition includes ordinary employees. Article 24 of the Employment Contract Law stipulates that non-competition personnel are limited to senior managers, senior technicians, and other personnel with confidentiality obligations to the employer. Non-competition agreements signed by persons whoRead more about 155.Is it legal for an employer to sign a non-competition agreement with an ordinary employee?[…]

Answer: The law does not specify during employment relationship whether employee have the obligation of non-competition, whether the obligation requires their employers to pay non-competition allowance, and whether agreed liquidated damages are binding. At present, the judicial decisions of courts around the country tend to hold that employees have the duty of loyalty to theirRead more about 156.The non-competition contract between an employer and an employee includes on-the-job non-competition obligation. Is such an agreement valid?[…]

Answer: If a non-competition agreement does not stipulate non-competition allowance, the employee usually faces two problems: the first is that, if if the employee abides by the non-competition obligation, should the employer pay them the allowance, and if yes, at what standard? The second is whether the non-competition agreement is binding on the employee, thatRead more about 157.The non-competition agreement signed by my employer and I does not stipulate a non-competition allowance. What can I do?[…]