Shenzhen enterprise employee confidentiality contract

Party A:

Party B: Company

In view of the fact that Party A is in Party B and will receive the corresponding remuneration paid by Party B, the parties shall, in respect of Party A's matters concerning the protection of Party B's technical secrets and other trade secrets during the term of office and after the resignation, shall comply with the following provisions:

Article 1 The two parties confirm that during the period of their duties in Party B, Party A’s inventions, works, works, computer software, technical secrets or other trade secret information generated by the use of Party B’s material and technical conditions, business information, etc. Property rights are owned by Party B. Party B may fully and freely use these inventions, works, computer software, technical secrets or other trade secret information within its business scope for production, operation or transfer to third parties. Party A shall, at the request of Party B, provide all necessary information and take all necessary actions, including application, registration, registration, etc., to assist Party B in obtaining and exercising the relevant intellectual property rights.

The above-mentioned inventions, works, computer software, technical secrets and other trade secrets, the right to invent and the right to authorship are enjoyed by Party A as the inventor, creator or developer. Party B respects Party A’s moral rights and assists Party A exercises these rights.

Article 2 If Party A claims to have intellectual property rights by itself during the period of Party B's employment, Party A shall promptly declare to Party B that Party B has claimed intellectual property rights. . If Party B verifies that it is indeed a non-job result, Party A shall enjoy the intellectual property rights, and Party B shall not use these results for production or operation without the express authorization of Party A, nor shall it transfer to third parties on its own.

If Party A does not declare it, it is presumed that it belongs to the job results, and Party B can use these results to produce, operate or transfer to a third party. Party A shall not require Party B to assume any financial responsibility, even if it proves to be a non-job result in the future. After Party A declares that Party B has objections to the ownership of the results, it can be resolved through negotiation; if the negotiation fails, it will be resolved through litigation.

Article 3 Party A shall abide by any written or unwritten confidentiality rules and regulations stipulated by Party B during the term of office of Party B, and perform the duties of confidentiality corresponding to their jobs.

If Party B's confidentiality rules and regulations are not stipulated or the requirements are unclear, Party A shall, in a cautious and honest manner, take any necessary and reasonable measures to maintain any Party B that knows or holds during its term of office or Technical secrets or other trade secret information belonging to a third party but promised to be confidential, to maintain its confidentiality.

Article 4 In addition to the need to perform his duties, Party A undertakes not to disclose, notify, publish, publish, publish, transfer, transfer or otherwise make any third party known to belong to Party B or to others, without the consent of Party B. However, Party B promises to have confidentiality of technical secrets or other trade secret information, and may not use such secret information in addition to performing its duties.

If Party A’s superior supervisor agrees that Party A discloses or uses the relevant technical secrets or other trade secrets, Party A shall agree to do so unless Party B has previously disclosed that the supervisor has no such permission.

Article 5 The two parties agree that after Party A's resignation, Party A shall remain in the same period of confidentiality as other technical secrets and other trade secret information that Party B or third party party has promised to maintain confidentiality during its term of office. Obligation and inadvertent use of confidential information, regardless of the reason for Party A to leave.

The term of the confidentiality obligation after Party A’s departure is the following:

Confidentiality indefinitely until Party B announces the decryption or the secret information has actually been made public;

The period of confidentiality is limited, and the period of confidentiality is calculated from the date of separation.

Party B agrees to pay confidentiality fees to Party A on its confidentiality obligations after leaving the company. The payment method of the confidentiality fee is the following:

When Party A leaves the company, he will pay the yuan in one lump sum.

Party A recognizes that Party B has considered the confidentiality obligation that Party A needs to bear after leaving the company when paying Party A's salary. Therefore, it is not necessary to pay the confidentiality fee when Party A leaves the company.

Article 6 Party A undertakes not to use any technical secrets or other trade secret information belonging to others when performing its duties for Party B, nor to arbitrarily implement acts that may infringe on the intellectual property rights of others.

If Party A violates the above commitments and causes Party B to be accused of third party infringement, Party A shall bear all the expenses paid by Party B for responding to the lawsuit; if Party B is liable for infringement compensation, it shall have the right to recover from Party A. The above-mentioned responding fees and infringement compensation can be deducted from Party A’s salary.

Article 7 When Party A performs its duties, in accordance with the explicit requirements of Party B or in order to complete the specific tasks assigned by Party B, it will inevitably lead to the infringement of the intellectual property rights of others. If Party B is subject to third-party allegations of infringement, the costs of responding to the lawsuit and the infringement compensation shall not be Party A undertakes or partially undertakes.

The request or delivery task submitted by Party A's superior supervisor is deemed to be the request or delivery task submitted by Party B unless Party B has previously disclosed that the supervisor has no such permission.

Article 8 Party A undertakes that during its term of office, Party B shall not hold any position, including shareholders or partners, in Party B's other enterprises, institutions or social groups that produce or operate similar products or provide similar services without the prior consent of Party B. Directors, supervisors, managers, staff, agents, consultants, etc.

After Party A leaves office, it still has the obligation of the preceding paragraph, which is separately stipulated by the parties in a separate agreement. If the parties do not sign such a separate agreement, Party B shall not restrict the employment and scope of employment of Party A after leaving the company.

Article 9 All files, materials, charts, notes, reports, letters, faxes, tapes, disks, instruments and any other forms of carrier that are held or kept by Party A for the purpose of their duties, which record the secret information of Party B, All are owned by Party B, regardless of whether the secret information has commercial value.

If the carrier that records the secret information is provided by Party A, it is deemed that Party A has agreed to transfer the ownership of these carriers to Party B. Party B shall, when Party A returns these carriers, give Party A economic compensation equivalent to the value of the carrier itself.

Article 10 Party A shall return all property belonging to Party B at the time of resignation or upon the request of Party B, including all carriers that record the secret information of Party B.

However, when the bearer that records the secret information is provided by Party A, and the secret information can be removed or copied from the carrier, Party B can copy the secret information to other carriers that Party B has ownership, and put the original carrier on the original carrier. Secret information is eliminated. In this case, Party A does not need to return the carrier, and Party B does not need to give Party A financial compensation.

Article 11 The technical secrets mentioned in this contract include but are not limited to: technical solutions, engineering design, circuit design, manufacturing methods, formulations, process flow, technical indicators, computer software, database, research and development records, technical reports, Test reports, experimental data, test results, drawings, samples, prototypes, models, molds, operating manuals, technical documentation, related correspondence, and more.

Other trade secrets mentioned in this contract include, but are not limited to, customer lists, marketing plans, procurement materials, pricing policies, financial information, purchase channels, and so on.

Article 12 The period of employment referred to in this contract shall be marked by Party A's receipt of wages from Party B, and the period of work represented by the wage shall be the period of employment. The term of office includes the time for Party A to work overtime outside normal working hours, regardless of whether the overtime work is in Party B's workplace.

The term "resignation" as used in this contract shall be subject to the time when either party expressly dismisss or resigns from the employment relationship. Party A’s refusal to receive wages and stop performing his duties is considered a resignation. Party B's refusal to issue all or part of the wages to Party A without justifiable reasons is deemed to be the dismissal of Party A.

Article 13 Any dispute arising from this contract shall be entitled to litigation if the negotiation fails. The two parties agree that the people's court that chooses the place of residence of Party B and meets the jurisdictional requirements of the class shall be the first-instance court of the contract dispute between the two parties.

The above agreement does not affect Party B's request for the intellectual property rights management department to carry out administrative treatment of the infringement.

Article 14 If Party A violates any of the provisions of this contract, Party A shall pay Party B a liquidated damages fee at one time; Party B shall have the right to immediately terminate the employment relationship with Party A without prior notice, regardless of whether the liquidated damages are paid or not.

If Party A’s breach of contract causes losses to Party B, Party A shall compensate Party B for the losses. Liquidated damages are not a substitute for damages, but can be deducted from the amount of the loss.

Article 15 This contract shall take effect from the date on which the signature or seal of both parties is completed.

Article 16 If this contract is in conflict with the previous oral or written agreement between the parties, this contract shall prevail.

Modifications to this contract must be in written form agreed by both parties.

Article 17 Both parties confirm that they have carefully reviewed the contents of the contract before signing this contract and fully understand the legal meaning of the various terms of the contract.

Signature and seal of the contractor:

Party A: ID card number:

Party B: Legal representative of the company: