Safety measures refer to:
(1) The technical secret holder has signed a technical secret protection agreement with the relevant personnel who know or may know the technical secret;
(2) The technical secret holder clearly informs the relevant personnel of the technical secret protection requirements;
(3) The holder of technical secrets has taken reasonable and effective management measures for the storage, use and transfer of technical secrets;
(4) Other relevant safety measures. Article 3 These Regulations shall apply to the protection of technical secrets of units and individuals within the administrative area of this province.
It is a state technical secret, and if the state has laws and regulations, those provisions shall prevail.
Technical secrets that harm public interests and violate social morality are not within the scope of protection of these regulations. Article 4 The administrative departments of science and technology of people's governments at all levels shall be responsible for organizing the implementation of these Regulations jointly with the administrative departments for industry and commerce at the same level. Other administrative departments shall, in accordance with their respective duties, assist in the protection of technical secrets. Article 5 The ownership of technical secrets formed by cooperation or commissioned research and development shall be determined by the written agreement of the parties; If there is no agreement, all parties have the right to use and transfer the technical secret. However, the research and development party entrusted with the development shall not transfer the technical secret to a third party before delivering it to the entrusting party. Article 6 Where different units or individuals independently research and develop the same technical secret, the rights and interests of the technical secret shall be owned by them. Article 7 Units shall establish and improve the technical secret protection system, determine the technical secret protection management institutions and full-time and part-time management personnel, and take effective measures to protect technical secrets. Article 8 A unit shall disclose its technical secrets in the following ways:
(a) in the technical data file, stamped with the technical secret logo;
(2) Models, samples, data, formulas, technological processes, etc. , can not be stamped with the seal of technical secrets, it should be clearly stated in writing;
(3) Other shortcuts. Article 9 holders of technical secrets shall strictly abide by the provisions on the protection of technical secrets. Where technical secrets need to be involved in business dealings, an agreement on the protection of technical secrets shall be signed with the other party. Tenth of the research, development, production and other places involving technical secrets, units should take preventive measures to prevent the disclosure of technical secrets. Article 11 An entity may stipulate the technical secret protection clause in the labor contract, or sign a technical secret protection agreement with the relevant parties according to law.
During the protection period of technical secrets, if the labor contract is terminated, the parties still have the obligation to protect technical secrets. Article 12 The technical secret protection agreement shall be in written form.
The main contents of the technical secret protection agreement include:
(a) the content and scope of protection;
(2) duration of protection;
(3) The rights and obligations of the other party;
(4) Liability for breach of contract;
(5) others. Thirteenth units can sign a non-competition agreement with the relevant personnel who know the technical secrets.
The term "non-competition" as mentioned in the preceding paragraph means that the person whose competition is restricted shall not work in other units that produce the same core technology products and have competitive relations, or engage in the production and business activities of the same core technology products that have competitive relations with the original units within a certain period after the termination of labor relations.
The term of non-competition shall not exceed three years. During the period of non-competition, the unit shall pay a certain amount of non-competition compensation to the person whose competition is restricted. Article 14 A non-competition agreement shall be reached by both parties through consultation and signed in writing.
The main contents of the non-competition agreement include:
(a) the scope of enterprises that produce the same core technology products and have competitive relations;
(2) Non-competition period;
(3) The amount of compensation for non-competition and the mode of payment;
(4) Liability for breach of contract. Fifteenth after the completion of the technical achievements, the duty to protect the technical secrets of their technical achievements; Without the consent of the unit, it shall not be disclosed and used without authorization.
National civil servants who perform official duties, relevant experts participate in the appraisal or technical demonstration of scientific and technological achievements, and technical brokers engage in technical intermediary activities. , have the obligation to protect the technical secrets of others, and shall not disclose and use them without authorization. Article 16 The parties shall not disclose technical secrets without authorization because the technical contract is invalid. The technical data, samples and prototypes received according to the invalid technical contract shall be returned to the obligee in time, and no copies shall be kept. Article 17 Once the technical secret is made public, the original technical secret protection agreement or non-competition agreement will be invalid. Article 18 The analysis, dissection and know-how of publicly published materials or sold products shall not be regarded as infringement of technical secrets.