Tag Archives: confidentiality obligation

Different Local Regulations on Compensations and the Effect of Non-competition Agreement

The system of noncompetition is regulated in China Labor Contract Law, “If　a　Employee　has　a　confidentiality　obligation,　the　Employer　may　agree　with　the　Employee　on　competition　restriction　provisions　in　the　employment　contract　or　confidentiality　agreement,　and　stipulate　that　the　Employer　shall　pay　financial　compensation　to　the　Employee　on　a　monthly　basis　during　the　term　of　the　competition　restriction　after　the　termination　or　ending　of　the　employment　contract.” By the article, a financial compensation is demanded for the conclusion of non-competition agreement, while no legal regulation on the effect of such articles when no compensation is paid. Therefore, on the issue, the adjudication or decision made by local courts or labor arbitration committee in China varies much, and today’s post is our analysis on it.

READ MORE

Shall It be Companies’ Obligation to Pay Employees Confidentiality Remuneration by China Laws?

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  

READ MORE

Why You should Trust Chinese Courts in Trade Secret Infringement Cases？

—Introduction to the Security Measures by the Courts in China

Recently, a judge from the Shanghai No.2 Intermediate People’s Court has published an article (in Chinese) Trial Experiences in Trade secret Infringement Cases (the article), and the Bridge IP Law Commentary has already introduce how to apply for evidence preservation in trade secret infringement cases in China. Today we would like to continuously introduce another part of the Article relating the security measures taken by the people’s courts in preventing the parties concerned in the proceeding from discourse of trade secrets.

READ MORE