Deng Wei: How to protect trade secrets in the process of brain drain

On June 10, 2010, the “6th China LED Industry Theme Summit Forum” hosted by Gaogong LED was successfully held at the Guangzhou China Import and Export Fair. The conference was held concurrently with the 2010 Guangzhou International Lighting Exhibition. The topics covered include the talent, market, investment, technology, EMC model and other hot topics in the current LED industry.

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Lawyer of the Cube Law Firm Deng Wei

Mr. Tang Guoqing, General Manager of CREE China Market, Zhang Jiliu, Chairman of Zhongwei Optoelectronics, Gong Weibin, General Manager of Ruifeng Optoelectronics, He Wenming, Chairman of Zhongke Wanbang, Xiong Kecang, Chairman of Lelei Optoelectronics, and Zhang Hui, Deputy General Manager of Guanyu Technology Co., Ltd. Li Yimin, vice president of TCL Lighting, Ye Rongnan, professor-level senior engineer of Fujian Optoelectronics Industry Association, Deng Hao, lawyer of Cubic Law Firm, Zhang Ziqi, general manager of Sunda Baili, Chen Bin, general manager of Zhonglong Transportation, and LED Industry Research Institute (GLII) Dr. Zhang Xiaofei and other experts made a wonderful theme report in the forum.

The conference attracted 600 spectators. They are senior managers, technical experts, and members of investment institutions and government agencies from foreign lighting companies.

The so-called trade secrets are technical information and business information that are not known to the public, can bring economic benefits to the right holder, have practicality, and take confidential measures by the right holder. According to the existing law, trade secret protection and restrictions on employees may not disclose any trade secrets of the company, may not compete with the former employer, and may not conduct commercial transactions with the customers of the former employer, even if the customer takes the initiative and does not induce or actively attract customers to leave. Original employer.

Deng Hao, director of the Intellectual Property Professional Committee of the Guangdong Lawyers Association, used many classic legal cases and analyzed the legal relationship between the LED industry talent flow and trade secrets from the LED professional perspective.

Deng Wei believes that employees are the biggest threat to trade secrets, mainly characterized by the disclosure of trade secrets, self-employment competition with the company and job-hopping for competitors. Deng Wei proposed trade secret protection measures: one is a confidentiality agreement that stipulates the scope of trade secrets, the period of confidentiality, and the legal liability for leaking trade secrets; the second is competition restrictions.

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