Grassroots lawyers also have spring

Chapter 500 Trade Secrets
"According to Lubian News, the demolition policy recognizes both the housing area and the population in the household registration book. The demolition office will make up money based on the number of people in the household registration book, and then allocate the living area according to the number of people in each family, and buy back the demolished houses. The area is related to the number of people in the household registration book of each family. Therefore, the relevant departments will freeze the household registration in advance, only allowed to go out and not allowed to enter!" Fatty Wan said.

"It's broken! I don't have a registered residence in that yard!" Wang Chuan said in amazement.

"It's okay to not have a registered permanent residence. One-time one policy can make you lose a place to live? If it doesn't work, you need money, and you can buy a house with the money!" Fatty Wan said.

"Your house has such a big yard and so many rooms, isn't it a waste!" Wang Chuan looked at Fatty Wan and said in surprise.

"Hey! Hey! But my family has a small population, and the registered population is only four. I can't afford a few apartments." Fatty Wan said with a wry smile.

They have been married for several years, Fatty Wan and his wife have never had children, they have been to many hospitals, they have used many prescriptions and folk remedies, they have spent all the money on an Audi car, and they have never seen his wife with a big belly. He is upset.

"It's okay, just give more money. If you have money, you're afraid you won't have a house!" When it came to the family's population, Wang Chuan was afraid that Fatty Wan would be in a bad mood, so he immediately changed the subject: "How is the Chinese New Year in the capital? Is it lively?"

"It's so lively! There are not many cars on the main road, and only a few firecrackers blew up on the night of the New Year's Eve. It's not as lively as the New Year in my hometown. It's boring." Fatty Wan said: "Go, go to my house first, I'll give you Take the wind and wash away the dust! You can go back after dinner."

When Wang Chuan drove back from Fatty Wan's house, it was past eleven o'clock in the evening, and he fell asleep as soon as his head touched the pillow.

On the morning of February [-], Wang Chuan wore a suit and a padded jacket, and drove to Yifeng Company according to the address in the email.

"Hi, I'm lawyer Wang Chuan Wang, here to apply for legal counsel." Wang Chuan said standing in front of the reception with a briefcase.

"Hello, Lawyer Wang, please follow me." The lady at the front desk glanced at the appointment form and led Wang Chuan into a conference room.

After a while, a well-mannered young man wearing glasses walked in followed by an upright and energetic man in his 40s.

"Hello, Lawyer Wang, this is Mr. Huang, the general manager of our Yifeng Company." The young man smiled and said, "My surname is Zhao, and I am the vice president of this company. I was the one who called you before."

"Hello Mr. Huang, Mr. Zhao." After shaking hands with each other, Wang Chuan sat down.

"Our company is in the software business. The company is not big, and there are only more than 30 people. We hire legal consultants to help us review contracts and solve internal personnel problems. Please introduce your law firm and your main business areas first. " Mr. Huang said with a smile.

"Mr. Huang, Mr. Zhao, this is the introduction of our law firm, and this is my personal introduction. I mainly do corporate legal affairs, focusing on labor and capital, daily contract drafting and review, and business compliance..." Wang Chuan will introduce After handing the documents to the other party, they began to introduce business.

On this occasion, it is impossible for him to say that he is only good at labor-management business, and other businesses are average.Although for him, other businesses he does do so-so, but customers don't know.

After introducing the business, the two sides had questions and answers. It happened that the personnel of Yifeng Company had changed a lot recently, and there were many labor problems involved. Mr. Huang focused on the problems encountered before him.This is exactly what Wang Chuan is good at.

"Lawyer Wang, I would like to ask you a question, which is also a problem that our company has encountered before. Our company's legal adviser gave us advice before, but we think it is necessary to consult with you again." Mr. Huang's attitude is very sincere, looking Like a down-to-earth guy.

"Tell me." Wang Chuan listened carefully.

"Because of business needs, we set up a subsidiary in Chongqing. To be honest, the subsidiary there only has sales personnel, and the real technical personnel are all in the imperial capital.

In June last year, the personnel sent by our company reported that the subsidiary's business was not doing well, and the sales performance had fallen sharply.

I felt something was wrong, so I asked someone to check it secretly.It turned out that there was a problem with the sales director of the subsidiary, and his wife and others invested in the establishment of a technology company.

I have seen the business scope of their company registration, and many of the business items of our company overlap.Moreover, several customers of this technology company had contact with our subsidiary before, and then became their customers for some reason.

Later, after consulting with our legal counsel, we sued the sales director of the other company and its subsidiaries for violating trade secrets.At the end of last year, the court ruled that those customers only contacted us for negotiation and did not actually realize the transaction. The customers have the right to choose. Therefore, although the business items of our two companies have a high degree of overlap, it does not constitute a commercial violation. secret.

Once the lawsuit broke out, our relationship with the sales director was at a standstill.He still doesn't leave his job now, and spends every day in the company.Just fire him. He has been working in the company for five or six years, and he has to be paid a lot of financial compensation. Let's not fire him. We will be shocked when we see him. To be honest, we are quite embarrassed by this matter. "Mr. Huang said helplessly.

"Lawyer Wang, we want your help to analyze and see how we can solve this matter." Mr. Zhao added.

"First of all, I don't know much about your company's previous case of infringement of trade secrets, and I haven't seen the case materials, so I'm just making my suggestion based on what Mr. Huang said just now.

In cases of infringement of trade secrets, the focus is on trade secrets, that is, on the point of secrecy.The trade secret mentioned by your company must constitute a legal trade secret to be protected by law.

Generally speaking, customer information can be constituted as a commercial secret, but as far as your company’s case is concerned, the customer only had contact and negotiation with your company’s subsidiary in Chongqing, but did not actually conclude a transaction. Such a customer is just your company’s Potential customers are not legally protected trade secrets of your company. "Wang Chuan said.

"Why? Many of the customers we contacted were unlikely to conclude a deal immediately, and it took a period of time to investigate, and the same is true for these few customers.

If customers were poached by other companies, we might not react that much. These customers were robbed by the company of the wife of our sales director, which made us very angry! "Mr. Zhao said angrily.

"Well, I understand what you think, and I also think that the sales director of your company's subsidiary company cheated and referred customers to his wife's company.

But after all, these customers have not reached a deal with the company. Even if a deal is reached, strictly speaking, it depends on your company's understanding of the customer's trading habits, the degree of negotiation between the two parties, and whether the transaction conditions between your company and the customer are good. It is not easy for outsiders to know, and the length of cooperation, etc.

If it is just a general buying and selling relationship, the trading conditions are the general conditions in the market, and the customer's trading information can be obtained through simple telephone communication.This kind of customer information will generally not be recognized by the court as your company's commercial secrets.

To be honest, there is not enough awareness and protection of trade secrets in China at present, and the judgment standards of the cases handled by the courts are not very uniform.So I think it is still very risky for your company to file such a lawsuit. "Wang Chuan said.

(End of this chapter)