Party A (employee):
Party b (enterprise): XXXXXXXX company
In view of Party A's employment with Party B and the corresponding remuneration paid by Party B, both parties have formulated the following terms and conditions for Party A to protect Party B's technical secrets and other business secrets during and after employment, and they shall abide by them jointly:
Article 1: Both parties confirm that Party A's inventions, works, computer software, technical secrets or other business secret information generated during the performance of his duties or mainly using Party B's material and technical conditions and business information belong to Party B. Party B can make full use of these inventions, works, computer software, technical secrets or other business secret information to produce, operate or transfer them to a third party within its business scope. Party A shall provide all necessary information and take all necessary actions according to Party B's requirements, including application, registration, registration, etc. To assist Party B in obtaining and exercising relevant intellectual property rights.
The above inventions, works, computer software, technical secrets and other business secrets, and related moral rights such as the right of invention and the right of signature (except those that should be signed by Party B according to law) shall be enjoyed by Party A as the inventor, designer or developer, and Party B shall respect Party A's moral rights and assist Party A in exercising these rights.
Article 2: If Party A claims to own the intellectual property rights of inventions, creations, works, computer software, technical secrets or other trade secret information related to Party B's business, it shall declare to Party B in time ... If it is verified by Party B that it is a non-job achievement, Party A shall enjoy the intellectual property rights, and without the express authorization of Party A, Party B shall not use these achievements for production and operation or transfer them to a third party.
If Party A fails to declare, it is presumed to be the result of his post, and Party B can use these results for production, operation or transfer to a third party. Even if it is proved that it is actually a non-job achievement in the future, Party A shall not require Party B to bear any economic responsibility. After Party A declares, if Party B has any objection to the ownership of the results, it can be settled through consultation; If negotiation fails, it shall be settled through litigation.
Article 3: During Party B's tenure, Party A must abide by any written or unwritten confidentiality rules and regulations formulated by Party B and perform the confidentiality duties corresponding to his post.
Under the circumstance that Party B's confidentiality rules and regulations are not specified or unclear, Party A shall also take any necessary and reasonable measures to protect any technical secrets or other business secrets that belong to Party B or a third party but which Party B has confidentiality obligations during his tenure in a cautious and honest manner, so as to maintain its confidentiality.
Article 4: Party A shall not disclose, inform, publish, publish, teach, transfer or in any other way make any third party (including other employees of Party B who are not allowed to know secrets according to the confidentiality system) know the technical secrets or other business secret information belonging to Party B or others, but Party B has the obligation of confidentiality and shall not use these secret information outside the performance of duties.
If the superior supervisor of Party A agrees to Party A's disclosure and use of relevant technical secrets or other business secrets, it shall be deemed that Party A has agreed, unless Party B publicly and clearly indicates in advance that the supervisor does not have the authority.
Article 5: Both parties agree that after Party A leaves his post, he will still undertake the same confidentiality obligations as Party B during his tenure, but Party B has the confidentiality obligations. and
No matter why Party A leaves the company, it shall not use the confidential information without authorization.
The time limit for Party A to undertake the confidentiality obligation after leaving the company is the following options (if not selected, it will be regarded as an indefinite guarantee):
(a) Keep the secret indefinitely until Party B announces the decryption or the secret information is actually made public;
(2) There is a time limit for confidentiality, which shall be counted from the date of resignation.
Party B agrees to pay Party A the confidentiality fee for assuming the confidentiality obligation after leaving the company. The payment method of confidentiality fee is as follows:
(1) When Party A leaves his post, he shall pay RMB in one lump sum, RMB per month.
(2) Party A acknowledges that Party B has taken into account the confidentiality obligations that Party A needs to undertake after leaving the company when paying Party A's salary, so Party A does not need to pay extra confidentiality fees when leaving the company.
Article 6: When performing duties for Party B, Party A shall not use any technical secrets or other business secret information belonging to others without authorization, nor shall it commit any acts that may infringe upon the intellectual property rights of others without authorization.
If Party A violates the above and Party B is accused of infringement by a third party, Party A shall bear all expenses paid by Party B for responding to the lawsuit; If Party B bears the tort liability, it has the right to recover from Party A. The above-mentioned costs of responding to the lawsuit and tort compensation can be deducted from Party A's salary.
Article 7: If Party A infringes the intellectual property rights of others according to Party B's specific requirements or in order to complete the specific tasks explicitly delivered by Party B when performing duties, and Party B is accused of infringement by a third party, Party A shall not bear the costs of responding to the lawsuit and compensation for infringement.
The requirements or tasks issued by Party A's superior supervisor shall be regarded as those issued by Party B, unless Party B has publicly and clearly stated in advance that the supervisor has no such authority.
Article 8: During Party B's tenure, Party A shall not hold any position in other enterprises, institutions and social organizations that produce and operate similar products or provide similar services to Party B, including shareholders, partners, directors, supervisors, managers, employees, agents and consultants.
Whether Party A still has the obligations mentioned in the preceding paragraph after leaving the company shall be agreed by both parties separately. If both parties fail to sign another agreement, Party B shall not restrict Party A's employment and employment scope after Party B leaves the company. ..
Article 9: All documents, materials, charts, notes, reports, letters, faxes, tapes, disks, documents and other forms of carriers held or kept by Party A for work needs, regardless of whether these secret information has commercial value or not, belong to Party B..
If the carriers for recording secret information are owned by Party A, it shall be deemed that Party A agrees to transfer the ownership of these carriers to Party B. When Party A returns these carriers, Party B shall give Party A economic compensation equivalent to the value of the carriers themselves.
Article 10: Party A shall return all the property belonging to Party B, including all the carriers that record Party B's secret information, when Party B leaves his post or at Party B's request. ..
However, when the carrier recording the secret information is owned by Party A, and the secret information can be erased or copied from this carrier, Party B can copy the secret information to other carriers of which Party B has ownership, and erase the secret information on the original carrier. In this case, Party A does not need to return the carrier, and Party B does not need to give economic compensation to Party A. ..
Article 11: The technical secrets mentioned in this contract include but are not limited to: technical scheme, engineering design, circuit design, manufacturing method, formula, process flow, technical indicators, computer software, database, research and development records, technical reports, inspection reports, experimental data, test results, drawings, samples, prototypes, models, molds, operation manuals, technical documents and related letters. Other business secrets mentioned in this contract include but are not limited to: customer list, marketing plan, purchasing materials, pricing policy, financial materials, purchase channels, etc.
Article 12: The term of office mentioned in this contract is marked by Party A's receipt of salary from Party B, and the working years represented by salary are the term of office. The term of office includes overtime work beyond Party A's normal working hours, regardless of whether the overtime work place is in Party B's workplace.
The term "resignation" as mentioned in this contract shall be based on the time when either party clearly expresses the dissolution or resignation of the employment relationship. Party A's refusal to receive salary and stop performing duties shall be regarded as resignation. If Party B refuses to pay all or part of Party A's salary without justifiable reasons, Party A shall be deemed to have dismissed Party B. ..
Article 13: Any party has the right to bring a lawsuit if the dispute arising from this contract cannot be settled through negotiation. Both parties agree to choose the people's court whose domicile meets the requirements of hierarchical jurisdiction as the court of first instance for contract disputes between the two parties.
The above agreement shall not affect Party B's request to the intellectual property management department for administrative treatment of the infringement.
Article 14: If Party A violates any clause of this contract, it shall pay Party B a one-time penalty of RMB; Party B has the right to terminate the employment relationship with Party A immediately without notice, regardless of whether it pays the liquidated damages.
Where Party A's breach of contract causes losses to Party B, Party A shall compensate Party B for the losses. Liquidated damages can not replace compensation for losses, but can be deducted from the amount of losses.
Article 15: This contract shall come into effect as of the date of signature or seal by both parties.
Article 16: In case of any conflict between this contract and the previous oral or written agreement between both parties, this contract shall prevail.
The modification of this contract must be made in written form agreed by both parties.
Article 17: Both parties confirm that they have carefully read the contents of this contract and fully understood the legal meaning of its terms before signing this contract.
Signature and seal of the contractor:
Party A: ID number:
Party B: Legal Representative of the Company: