1. What is the non-competition clause in the labor contract?
The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. The personnel with non-competition restrictions are limited to the senior managers, senior technicians and other personnel with confidentiality obligations of the employing unit. The scope, area and time limit of non-competition shall be agreed by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.
Second, how long will the non-competition clause take effect?
Generally speaking, it is two years. Non-competition refers to the non-competition clause agreed by the employer in the labor contract, intellectual property ownership agreement or technical confidentiality agreement, which protects the business secrets of the employer for the employee. That is, the employee shall not work in the employer that produces similar products, operates similar businesses or has other competitive relations within a certain period after the termination or dissolution of the labor contract, nor shall he produce similar products or operate similar businesses himself. The time limit shall be agreed by the parties in advance, but it shall not exceed two years. The non-competition clause is a delayed entry-into-force clause in the labor contract, that is, it will take effect after other terms of the labor contract are legally binding.
3. What are the legal characteristics of intellectual property rights?
Intellectual property is a special property right and an intangible intellectual achievement. The law gives certain protection, mainly by means of tangible material carriers. The object of protection is not the material carrier itself, but the spiritual achievement itself. Compared with other civil rights, it has many unique features, mainly including:
(1) Intellectual property rights are exclusive, that is, exclusive or monopolistic. Intellectual property, as an intangible spiritual achievement, is bound to be exclusive. Intellectual property rights holders enjoy exclusive rights to their intellectual achievements, can exercise their rights to obtain economic benefits according to law, and can transfer them to others according to law. Without the permission of the obligee, it shall not be used to obtain economic benefits without authorization;
(2) the regionality of intellectual property rights, that is, it is only valid in the confirmed and protected areas. Different countries have different definitions and definitions of intellectual property rights, so the protection given is also different;
(3) The timeliness of intellectual property rights is only protected within the prescribed time limit. The laws of different countries stipulate different time for intellectual property rights, and the time for intellectual property rights protection is also different.
Four, the legitimate intellectual property rights include those.
The scope of intellectual property rights is defined as:
(1) Copyright and related rights;
(2) trademark rights;
(3) Geographical indications;
(4) industrial design;
(5) Patent right;
(6) integrated circuit layout design (topology diagram);
(7) undisclosed information;
(8) Restricting competitive behavior in the agreement.
Non-competition clauses should generally include the specific scope of non-competition, the term of non-competition, the amount of compensation and payment methods, and the liability for breach of contract. However, the technical secrets related to the content of non-competition have been known to the public, or can no longer bring economic benefits or competitive advantages to the unit, which is not practical, or the personnel who have the obligation of non-competition have sufficient evidence to prove that the unit has not implemented the national policy on scientific and technological personnel and has been treated unfairly, and the unit has violated the non-competition clause and failed to pay or default the compensation fee without justifiable reasons, the non-competition clause will automatically terminate.
Finally, the specific scope, duration, compensation for breach of contract and payment method of liquidated damages need to be clearly defined. Prohibition of business strife protects the enterprise secrets and technical secrets of the employing unit. If the content of non-competition protection can no longer bring benefits to the employer, then the current non-competition clause is no longer practical.