Belonging to the state scientific and technological secrets, if there are other provisions in laws and regulations, those provisions shall prevail. Article 3 The term "enterprise 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, including design drawings (including sketches), test results and records, processes and procedures, formulas, samples and data. Article 4 The term "safety measures" as mentioned in these Regulations refers to:
(a) the enterprise clearly stipulates the classification and scope of technical secrets, and clearly informs the relevant personnel of the protection requirements of the technical secrets;
(two) the enterprise signed a confidentiality agreement with the employees and related personnel who knew the technical secrets, or put forward a written confidentiality request and signed it for confirmation;
(3) The enterprise has adopted reasonable and effective management measures and protection measures for the storage, use and transfer of technical secrets. Fifth city and county (city), the district administrative department of science and technology is responsible for organizing the implementation of these regulations, and the relevant administrative departments of industry and commerce shall, according to their respective responsibilities, assist in the protection of enterprise technical secrets. Article 6 An enterprise shall establish and improve the internal management system of technical secrets, and be equipped with full-time or part-time technical secret managers to regulate the technical secrets of the enterprise. Article 7 An enterprise shall, according to the classification of technical secrets, determine different levels of confidentiality for places involving technical secrets, and take preventive measures to prevent the disclosure of technical secrets. Article 8 Where different enterprises independently research and develop the same technology, their technical secret rights and interests shall be owned by the enterprises respectively, and the enterprises shall have the right to use or transfer the technology regardless of time.
The technical projects developed by enterprises themselves or entrusted by them shall be determined whether confidentiality is required at the time of project establishment. Article 9 An enterprise may determine the classification and duration of technical secrets by itself according to the life cycle, maturity, potential value and product market demand of the technology. Article 10 An enterprise shall clearly confirm its technical secrets in accordance with the following provisions:
(1) The technical secrets in written form shall be marked with the technical secrets, the classification and the duration of confidentiality;
(2) The technical secrets in non-written form shall be marked in an easily identifiable place by the marking method specified in the preceding paragraph;
(3) For classified computers and related technologies, obvious confidentiality signs shall be set in their storage media and electronic documents.
Enterprise technical secrets that are difficult to identify shall be confirmed by other effective methods that the confidentiality obligor can understand.
If there is any change in the classification and duration of the technical secrets of the enterprise, it shall be clearly marked on the original, and the confidentiality obligor shall be notified in time. Article 11 An enterprise may sign an agreement on the confidentiality of enterprise technical secrets with employees according to the confidential positions and classification, or stipulate the confidentiality clauses of relevant enterprise technical secrets in the labor contract signed with employees. Article 12 In business activities, an enterprise may, in accordance with the relevant provisions on the protection of enterprise technical secrets, conclude a confidentiality clause with the other party in the contract, or sign an enterprise technical secret confidentiality agreement with it.
The parties shall not disclose the technical secrets of the enterprise without authorization because the contract is invalid or terminated, and the technical data, samples and prototypes obtained as a result of the contract shall be returned to the obligee in time, and no copies shall be kept. Article 13 The principle of fairness and reasonableness shall be followed when signing the confidentiality agreement of enterprise technical secrets.
The confidentiality agreement of enterprise technical secrets shall be signed in written form, and its main contents include:
(a) the content and scope of confidentiality;
(2) Duration of confidentiality;
(3) Rights and obligations of both parties;
(4) Liability for breach of contract;
(five) other matters that need to be stipulated. Article 14 An enterprise may sign a non-competition agreement with its employees who know the technical secrets.
Non-competition refers to the agreement between an enterprise and its employees that employees will not get jobs in other enterprises that produce the same core technology products and have competitive relations within a certain period of time after leaving the enterprise, nor shall they engage in the production and operation of the same core technology products that have competitive relations with the original enterprise. Article 15 When signing a non-competition agreement, both parties shall reach an agreement through consultation and sign it in writing.
The main contents of the non-competition agreement include:
(a) the specific scope of non-competition;
(2) Non-competition period;
(3) The amount of compensation for non-competition and the mode of payment;
(4) Liability for breach of contract. Article 16 The term of non-competition may be determined according to the classification of enterprise technical secrets involved by employees, the confidential posts they hold or the special training they have received, and the longest term shall not exceed three years. Article 17 During the period of non-competition, the enterprise shall pay a certain compensation fee to the person whose competition is restricted according to the non-competition agreement. The annual compensation fee shall not be less than half of the total annual compensation received from the enterprise one year before the employee leaves the company.
Both parties may also terminate the non-competition agreement in advance according to the agreement or negotiation. Article 18 The non-competition agreement shall be automatically terminated under any of the following circumstances:
(1) The technical secrets of the enterprise have been made public;
(2) The employee who has the obligation of non-competition dies;
(3) termination of the enterprise;
(four) the enterprise violates the non-competition agreement, fails to pay the compensation fee or breaches the contract without justifiable reasons.