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This article provides a quick summary of key points.
- Search intent:Brands, companies, creators, or e-commerce businesses often need the assistance of intellectual property lawyers when they encounter trademark, copyright, licensing, counterfeiting, or infringement warnings.
- Key Legal Points:It is necessary to confirm the scope of rights, degree of similarity, licensing chain, commercial use, damage and removal strategies.
- Legal assistance:Lawyers can assist with warning letters, platform removals, infringement lawsuits, criminal complaints, and review of authorization agreements.
Employees keep the company's confidential information privately or even provide it to competitors, or take the company's secrets with them when they leave, set up a new company on their own, or join a rival camp. How should the company protect its rights and interests?
[# Lawyer Li Yusheng’s legal knowledge]
Company information, whether paper, physical, or digital, as long as it meets the business secrets defined by the Trade Secrets Act, is classified as confidential information and is protected by the Trade Secrets Act.
▪Article 2 of the Trade Secrets Act
The so-called trade secrets refer to methods, technologies, processes, formulas, programs, designs or other information that can be used for production, sales or operations and meet the following requirements:
☑ Not known to those generally involved in this type of information.
☑ Those that have actual or potential economic value due to their confidentiality.
☑ The owner has taken reasonable confidentiality measures
What is often controversial in practice is whether the company has taken reasonable confidentiality measures to ensure the company's business secrets.
▪It is recommended that companies should pay attention to:
☑Sign appropriate confidentiality agreements with employees
☑Suggestions on company internal rules and confidentiality clauses
☑Regularly promote the importance of protecting confidential information
☑If employees want to resign, they need to be informed of their confidentiality obligations again
☑Keep digital confidential information in an appropriate manner
(For example, adding a password to the cloud database or restricting access to employees of specific departments, etc. If it is paper data, it must be kept in an appropriate manner)
▪What can you do if business secrets are leaked?
Based on the actual situation, the person who leaked the secret can be charged with # criminal obstruction of secrets, etc., and whether to carry out # legal actions such as civil claims or even # false seizure.
Since once business secrets are leaked, it will be more difficult to deal with the aftermath, so it is recommended to discuss and evaluate response strategies with professional legal professionals immediately.
Further reading:What are business secrets? Three major legal requirements for business secrets.
Further reading:What should I do if a trademark infringement occurs? Legal measures that can be taken.
Further reading:What is patent litigation? What is the process of patent litigation??
Fuda Law Firm
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Frequently Asked Questions
What should I do if I receive a trademark or copyright infringement notice?
You should first preserve the design source, licensing agreement, sales records and communication materials, and not rush to admit infringement or promise compensation.
What can be done if a brand is counterfeited?
The assessment can include warning letters, platform removal, civil damages, criminal lawsuits, and subsequent trademark or copyright arrangements.
What should a company pay attention to when licensing or co-branding?
The rights of the authorizing party, the scope of authorization, the region, the period, the product category, the marketing materials, and the apportionment of liability for infringement should be confirmed.
Further Reading on Trade Secrets and Information Security
If you are dealing with company, responsible persons, contracts, financial transactions, investigative, or litigation risks, it is recommended that you first organize the facts, documents, and potential legal proceedings together, rather than relying on a single keyword. The following content can help you explore related topics further and quickly determine your next steps.
Trade secrets, information security and non-compete agreements
Intellectual Property, Trademark and Brand Protection
What to do if a departing employee takes a client list with them?
What are trade secrets?
Does an employee taking away a customer list necessarily constitute an infringement of trade secrets?
Not necessarily. It depends on whether the client list is confidential, has economic value, and whether the company has taken reasonable confidentiality measures, such as access control, confidentiality agreements, labeling, and handover procedures upon departure.
What should a company do first after discovering a data breach?
First, save login records, download records, emails, cloud records, device handover information, and confidential documents, and then assess civil injunction, damages, or criminal charges.
Are non-compete clauses always valid?
Non-compete agreements must meet requirements such as reasonable scope, protection of interests, duration and geographical area, and compensation; they cannot be effective simply because they are written in the contract.
If you need legal assistance to determine the next step, you can first organize the above documents and timeline, and then contact Fidelity Law Firm for assistance in assessing the direction of the process. Contact Fidelity Law Firm