山东省食品进出口公司等诉马达庆不正当竞争纠纷案分析
发布时间：2019-02-14 15:49
【摘要】：在信息时代的今天,情报和技术在一定意义上已成为比资金、屋子更为重要的资产,谁先领先一步掌握了它,谁就能在市场竞争中获胜。因此,商业秘密已成为企业生存、竞争的极其重要的手段。随着市场竞争日趋激烈,高级管理人才和核心技术人才的争夺也越来越激烈,员工跳槽是商业秘密泄露的主要通道之一。越来越多的企业认识到了保护商业秘密的重要性,为了维护市场的良性竞争,促进经济有序发展,必须加强商业秘密的保护。其中,要求劳动者遵守竞业禁止义务是重要手段之一。通过对山东省食品进出口公司等诉马达庆不正当竞争纠纷一案。对商业秘密,竞业禁止与不正当竞争行为三者之间的关系进行分析。商业秘密是凝结企业智力成果的技术信息和经营信息,具有秘密性,价值性和保密性,案件中的原告对于自己的商业信息没有采取一定的保密措施,加之对日海带出口贸易机会不属于商业秘密的保护范畴,因此原告要求保护的对日出口海带贸易机会不能被视为商业秘密而受到保护。由于没有需要保护的商业秘密,原被告双方也没有签订任何保密协议,被告既没有法定竞业禁止义务,也无约定竞业禁止义务,因此,被告可在离职后使用在原单位所获得信息、技能和经验,在同领域用于竞争,原告不能追究被告的竞业禁止责任。在对被告提起侵犯商业秘密之诉,违反竞业禁止义务之诉的理由都不充分的情况下,根据“有限一般条款”学说理论,原告可以利用《反不正当竞争法》的兜底条款来起诉被告窃取属于自己的商业机会,法院以此作为判决依据并无法律适用错误。
[Abstract]:In the information age, intelligence and technology have become a more important asset than the capital and the house in a certain sense, who can win in the market competition first. Therefore, trade secret has become an important means of enterprise's survival and competition. As the market competition is becoming more and more fierce, the competition of senior management personnel and core technology talents is becoming more and more intense, and the job-hopping of employees is one of the main channels of the leakage of trade secret. More and more enterprises have recognized the importance of the protection of trade secrets. In order to maintain the benign competition of the market and to promote the orderly development of the economy, the protection of trade secrets must be strengthened. Among them, it is one of the important means to ask the workers to comply with the non-competition obligation. The case of anti-competition disputes concerning motor, such as Shandong Food Import and Export Corporation, etc. The relationship between trade secret, competition prohibition and unfair competition is analyzed. The trade secret is the technical information and the management information of the intellectual achievement of the condensed enterprise, and has the secret, the value and the confidentiality. The plaintiff in the case does not take a certain secret measure to the business information of the company, and the opportunity for the export trade of the Japanese kelp is not the protection category of the trade secret, As a result, the plaintiff's request to protect the trade opportunity of the Japanese-exported kelp is not considered as a trade secret and protected. As there is no trade secret that needs to be protected, the two parties have not signed any confidentiality agreement, and the defendant has neither the statutory competition prohibition obligation nor the contractual prohibition obligation. Therefore, the defendant may use the information, skill and experience acquired in the original unit after the separation. In the same area for competition, the plaintiff can't hold the defendant's non-competition responsibility. On the basis of the 鈥渓imited general terms鈥，
本文编号：2422355
[Abstract]:In the information age, intelligence and technology have become a more important asset than the capital and the house in a certain sense, who can win in the market competition first. Therefore, trade secret has become an important means of enterprise's survival and competition. As the market competition is becoming more and more fierce, the competition of senior management personnel and core technology talents is becoming more and more intense, and the job-hopping of employees is one of the main channels of the leakage of trade secret. More and more enterprises have recognized the importance of the protection of trade secrets. In order to maintain the benign competition of the market and to promote the orderly development of the economy, the protection of trade secrets must be strengthened. Among them, it is one of the important means to ask the workers to comply with the non-competition obligation. The case of anti-competition disputes concerning motor, such as Shandong Food Import and Export Corporation, etc. The relationship between trade secret, competition prohibition and unfair competition is analyzed. The trade secret is the technical information and the management information of the intellectual achievement of the condensed enterprise, and has the secret, the value and the confidentiality. The plaintiff in the case does not take a certain secret measure to the business information of the company, and the opportunity for the export trade of the Japanese kelp is not the protection category of the trade secret, As a result, the plaintiff's request to protect the trade opportunity of the Japanese-exported kelp is not considered as a trade secret and protected. As there is no trade secret that needs to be protected, the two parties have not signed any confidentiality agreement, and the defendant has neither the statutory competition prohibition obligation nor the contractual prohibition obligation. Therefore, the defendant may use the information, skill and experience acquired in the original unit after the separation. In the same area for competition, the plaintiff can't hold the defendant's non-competition responsibility. On the basis of the 鈥渓imited general terms鈥，
本文编号：2422355
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