According to news reports, Microsoft along with Autodesk, filed a lawsuit in the Foshan Intermediate Court (note: the link is in Chinese) against a renowned company admitted in Foshan City, claiming computer software copyright infringement. The plaintiffs stated that the accused company had been using their software without any licenses or approvals. Based on this, the plaintiffs demanded compensation of RMB 8 million yuan, elimination of influence, cessation of infringement, and an apology. This case is not black and white and the court certainly has its own opinions, but today I would like to take this chance to discuss how to determine the legitimacy of evidence collection in cases of computer software infringement.
By Albert Chen
In an essay posted several days ago, we discussed how infringing another’s trade secret is a kind of unfair competition. Although the Anti Unfair Competition Law contains a definition of trade secret in principle, this definition is not very detailed, and there might still be a fair number of differences between understanding and actual practice. Today’s essay will share the author’s research and analysis on whether Chinese law contains any further regulations on the term “trade secret.”
Recently, Bridge IP Law Commentary is consulted by some clients about whether it is necessary for an enterprise to pay its employees, who is subject to confidentiality obligation, the confidentiality fee. Today, we will answer such questions combining with the current laws and regulations as well as the practices. (the image above is the cover of the Guidelines of Trade Secret to Companies by DeBund Law Offices)
I. There only regulates the payment for the competition restriction but no fees for confidentiality