Enterprises in special zones refer to legal person enterprises and unincorporated enterprises registered in special zones. Article 3 The term "technical secrets" as mentioned in these Regulations refers to non-patented technologies and technical information that are not known to the public, can bring economic benefits to enterprises, are practical and are kept confidential by enterprises. Article 4 The term "safety measures" as mentioned in these Regulations refers to:
(1) The enterprise that legally owns the technical secret has signed a confidentiality agreement with the employees or business stakeholders who know the secret for business needs, or put forward a written confidentiality requirement and clearly informed the employees and business stakeholders;
(2) The enterprise that legally owns the technical secret has taken effective control measures for the storage, use and transfer of the secret. Article 5 The term "technology and technical information" as mentioned in these Regulations includes designs, processes, data, formulas and proprietary technologies expressed in physical, chemical, biological or other forms. Article 6 The same technical secret is independently developed, and independent developers can freely use, transfer or disclose the technical secret without the limitation of development time.
When using, transferring or disclosing technical secrets, independent developers shall produce relevant certification materials for independent development. Article 7 Technical secrets that violate state laws and regulations, harm the public interests of the state and society, and violate public morality are not protected by these regulations.
Enterprises that fail to take effective security measures, resulting in the disclosure of relevant technologies and technical information, are not protected by these regulations. Article 8 The administrative department of science and technology of Shenzhen Municipality is the competent department for protecting the technological secrets of enterprises (hereinafter referred to as the municipal competent department of science and technology). The municipal science and technology department is responsible for organizing the implementation of these regulations; To guide the protection of technical secrets of enterprises; To supervise and investigate violations of these regulations; To assist judicial organs in identifying technical problems in cases of infringement of enterprise technical secrets. Chapter II Protection of Enterprise Technical Secrets Article 9 If an enterprise requires its employees to keep the enterprise technical secrets, it shall sign a written confidentiality agreement. If there is no written agreement or the written agreement is unclear, the employee's confidentiality obligation will be terminated on the day when the employee leaves the enterprise.
If the employee who signed the agreement still has the obligation of confidentiality after leaving the enterprise, the enterprise shall pay the confidentiality fee to the employee. The amount of confidentiality fee shall be determined by the enterprise and employees through consultation. Article 10 A confidentiality agreement shall be signed in writing and include the following main clauses:
The content and scope of confidentiality;
(two) the rights and obligations of both parties to the confidentiality agreement;
(3) Duration of the confidentiality agreement;
(4) The amount of the confidentiality fee and its payment method;
(5) Liability for breach of contract. Article 11 During the validity period of the confidentiality agreement, employees shall perform the following obligations:
(a) strictly abide by the confidentiality system of enterprises and prevent the disclosure of technical secrets of enterprises;
(two) shall not disclose the technical secrets of the enterprise to others;
(3) Without the written consent of the enterprise that legally owns the technical secret, the technical secret shall not be used for production and business activities or for new research and development. Article 12 In any of the following circumstances, the confidentiality agreement shall be automatically terminated:
(1) The technical secret has been made public;
(two) the enterprise fails to pay the confidentiality fee according to the confidentiality agreement. Article 13 An enterprise may sign a confidentiality agreement with the business-related personnel who need to know the technical secrets due to business dealings or the legal transferee of the technical secrets of the enterprise.
Business related persons or legal transferees who undertake confidentiality obligations shall, within the validity period of the confidentiality agreement, take effective confidentiality measures in accordance with the provisions of Articles 21 and 22 of these Regulations to prevent the disclosure of technical secrets; Without the written consent of the legal owner of the technical secret, the technical secret of the enterprise shall not be disclosed, leaked or made public.
The business parties undertaking confidentiality obligations shall not use the technical secret for production and business activities, nor shall they conduct new research and development. Article 14 An enterprise may sign a non-competition agreement with employees who know or may know the technical secrets of the enterprise.
Non-competition agreement means that an enterprise and its employees agree that they shall not work in other enterprises that produce similar and competitive products within a certain period after leaving the enterprise, and the enterprise will pay a certain amount of compensation to the employees. Article 15 A non-competition agreement shall be signed separately in written form, with the following main clauses:
(a) The specific scope of enterprises producing similar and competitive products;
(2) Non-competition period;
(3) the amount of compensation and the mode of payment;
(4) Liability for breach of contract. Article 16 The term of non-competition shall not exceed three years at the longest.
If the term is not stipulated in the non-competition agreement, the term of non-competition is three years. Article 17 The compensation agreed in the non-competition agreement shall not be less than two-thirds of the total remuneration received from the enterprise one year before the employee leaves the enterprise.
If the compensation fee is not stipulated in the non-competition agreement, the compensation fee shall be calculated according to the minimum standard stipulated in the preceding paragraph.