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Flowing staff
"Job hopping" is not uncommon
But after leaving the company, he betrayed the company's trade secrets
It's not a shortcut to making money
Case Review
L Company is a high-tech enterprise, and its production of "a brand of busbar positioning equipment" is widely used in steel, ports and other industries.
Yang and Yan were respectively the sales manager and technical backbone of L Company, and after the two left their jobs in 2012, they used the technology obtained by Yan during their work in L Company and the sales channels mastered by Yang to organize the production and delivery of more than 40 sets of "a brand busbar positioning equipment", with a total contract price of more than 4.6 million yuan and an actual payment of nearly 2 million yuan.
After trial, the Jiang'an District People's Court held that the defendants Yang X and Yan X violated the rights holder's requirements on keeping trade secrets and used the trade secrets in their possession to cause major economic losses to the trade secret rights holder, constituting the crime of infringing trade secrets, and were sentenced to fixed-term imprisonment of one year to one year and three months in accordance with law, and fined.
Judge's comments
Trade secrets refer to technical information, business information, and other commercial information that is not known to the public, has commercial value, and has been subject to corresponding confidentiality measures by the right holder.
In accordance with the provisions of article 219 of the Criminal Law, if a person who discloses, uses or allows another person to use a trade secret in violation of the obligation of confidentiality or violates the requirements of the right holder for the preservation of trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined or fined alone;
The handling of this case has cracked down on the illegal act of infringing on other people's trade secrets in accordance with the law, and has a certain warning effect on practitioners involved in trade secrets.
Source: Wuhan Intermediate People's Court, Wuhan Jiang'an District People's Court, Wuhan Law Popularization