1. How long is the employee resignation confidentiality agreement valid?
The term of the confidentiality agreement shall be determined by the employer and the employee through consultation, but generally it shall not exceed 2 years.
People's Republic of China (PRC) labor contract law
Article 23 Obligation of confidentiality and non-competition The employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights.
For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 Scope and duration of non-competition restrictions The personnel who are restricted from non-competition 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.
After the dissolution or termination of the labor contract, if the personnel specified in the preceding paragraph go to other employers that have a competitive relationship with their own units to produce or operate similar products or engage in similar businesses, or start their own businesses to produce or operate similar products or engage in similar businesses, the non-competition period shall not exceed two years.
2. What are the legal characteristics of trade secrets?
Compared with other intellectual property rights (patents, trademarks, copyrights, etc.). ), trade secrets have the following characteristics:
(a) the premise of trade secrets is that they are not known to the public, while other intellectual property rights are open, and even patent rights are required to be open to a considerable extent;
(2) Trade secret is a relative right. The exclusiveness of trade secrets is not absolute or exclusive. Other people who have obtained business secrets of the same content by legal means have the same status as the first person. The owner of a trade secret can neither prevent the person who developed and mastered the information before him from using or transferring the information, nor prevent the person who developed and mastered the information after him from using or transferring the information.
(3) It can enable the operators to gain benefits, gain competitive advantages, or have potential commercial benefits.
(4) The term of protection of trade secrets is not legal, it depends on the confidentiality measures of the obligee and the disclosure of secrets by others. A technical secret may last for a long time because of the effective security measures of the right holder and the application value of the technology itself, far exceeding the protection period of the patented technology.
From the above analysis, we know that according to the provisions of the Labor Contract Law, a confidentiality agreement is agreed when signing a labor contract, and the term of the confidentiality agreement is determined by the employer and the employee through consultation, and the term of the confidentiality agreement generally does not exceed 2 years. If you need legal help, readers can consult.