Technical confidentiality management regulations

Chapter I General Provisions

Article 1 is to protect the technical secrets of the unit and prevent the loss of intangible assets, in accordance with the Law of the People's Republic of China on the Protection of State Secrets, the Law of the People's Republic of China on Unfair Competition, and the National Science and Technology Commission issued on January 6, 1995. In accordance with the actual situation of the unit, the "Technical Secrecy Management Regulations" (hereinafter referred to as the "Regulations") shall be formulated.

The second technical secret is an important intangible asset. The protection of the technical secret of this unit is the duty and responsibility of each employee. No one may use the authority and work or take illegal measures to disclose, publish, use, permit, sell, Transfer the technical secrets of this unit.

Article 3 All units, especially technical business and scientific research, personnel, organization and other departments shall include technical confidentiality work in work planning, planning and economic responsibility system, so that technical confidentiality work is truly implemented.

Chapter II Organization and Responsibilities

Article 4 The unit shall set up a technical confidentiality working group, with the leader in charge of technology as the leader of the team and the person in charge of the technical management department as the deputy leader. The Intellectual Property Rights and Archives Management Center is the administrative department for technical confidentiality and is responsible for the daily work of confidential management. Each department must appoint a technical manager to manage the technical confidentiality of the unit.

Article 5: Responsibilities of technical confidential working groups and technical confidential workers

I. Responsibilities of the Technical Confidentiality Working Group 1. Formulate technical confidentiality work plans, plans, rules and regulations, and confidentiality agreements. At the same time, it is responsible for demarcating the work of the units within the unit and organizing implementation.

2. Study and solve important problems in technical confidentiality work.

3. Supervise and inspect and summarize the development of technical confidentiality work in various departments, and be responsible for the investigation and handling of leaks and confidentiality incidents, and report and coordinate investigations on major and major leaks.

4. Organize employees to study the laws and regulations on technical confidentiality and the superior confidentiality regulations to improve the confidentiality awareness of the employees.

Second, technical confidentiality workers duties

1. Organize the laws and regulations of the employees of the unit to learn technical confidentiality and the confidentiality rules of superiors, and improve the confidentiality awareness of the employees.

2. Implement the rules and regulations regarding the technical confidentiality management of the unit and relevant national laws and regulations.

3. Summarize the development of the technical confidentiality work of the unit and report the leaking incident in time.

4. Establish a confidential management and confidentiality agreement management file of the unit; be responsible for tracking the implementation of the confidentiality agreement.

Chapter III Confidentiality

Article 6 The technical secrets referred to in these Provisions refer to the technical items listed as state secrets and the items listed as enterprise secrets, organized by the unit for research and development or otherwise legally controlled, undisclosed, and should not be Technical information that is known to the outside world and that can bring economic benefits or competitive advantages to the unit, has practicality and the unit has adopted confidentiality measures, including but not limited to design drawings (including sketches), test results and test records. , processes, formulations, samples, materials, production methods, technical solutions, computer programs, etc. A technical secret can be a specific complete technical content that constitutes a product, process, material and its improved technical solution. It can also be a product, process, material and its improved technical solution, or it can be a product. Some technical elements in technologies, products, and other technologies or products.

Chapter IV Technical Secrecy Management Regulations

Article 7 All units shall keep confidential and confidential grades of materials and samples containing technical secrets, such as archival materials, drawings, magnetic (optical) disks, images, sound images, etc., and take confidential measures according to the confidentiality level, and archive them. Access and lending system.

Article 8 The scientific and technological personnel, administrative personnel of the unit, and personnel or business-related personnel who may be aware of technical secrets in business must sign a "Intellectual Property Protection Agreement" including legal protection technology secrets with the legal person.

Article 9 If the incumbent employee and the newly transferred employee sign the contract and do not agree to sign the "Intellectual Property Protection Agreement" containing the technical secrets of the unit, the unit will not mobilize it.

Article 10 Scientific and technical personnel who are included in the project task list or the list of members of the contract research group identified as the superior and the unit's major scientific and technological project shall request the transfer and resignation before the end of the scientific research task, and may leak the superior. In principle, the secrets involved in a scientific and technological project or scientific research task shall not be approved. If there are special circumstances that need to be transferred or resigned, it is necessary to sign a confidentiality agreement with the unit and track the performance. If you are forced to leave the company without consent, you will follow up the investigation and investigate the law. If there is any violation, you will protect the legal rights and interests of the unit through legal procedures.

Article 11 Relevant administrative personnel, scientific and technical personnel and other relevant personnel who have an important influence on the technical rights and economic interests of the unit shall not be engaged in the production of similar products or business operations and have a competitive relationship or other interests within three years after leaving the unit. Other units within the relationship, or who produce or operate similar products or businesses that have a competitive relationship with the company.

Article 12 When the relevant administrative personnel, scientific and technical personnel or related personnel leave the unit for various reasons, their competent department and personnel department shall reaffirm in writing to the personnel the obligation of confidentiality and non-competition restrictions, and shall be newly appointed to the unit. The unit informs the officer of the confidentiality obligations and non-competition obligations of the original unit.

Article 13 When personnel and organizational departments transfer new employees, they shall take the initiative to understand the confidentiality obligations and non-competition obligations of the employees in the original units, so as not to infringe on the legitimate rights and interests of others.

Article 14: After leaving the unit for various reasons, the scientific and technical personnel or other relevant personnel shall use the technical secrets possessed by the unit that they have mastered or contacted, and on this basis, make new technological achievements or technological innovations, and have the right to The technical achievements or technological innovations shall be implemented or used, but when they are implemented or used, they shall use the technical secrets of the unit that involve their own confidentiality obligations, and shall obtain the consent of the unit and pay according to relevant regulations. A certain usage fee. Those who have not obtained the consent of the unit or have no evidence to prove that the technical content is self-developed new technological achievements or technological innovations shall bear the corresponding legal responsibilities.

Article 15: Science and technology personnel who undertake confidentiality obligations shall enjoy the right to obtain corresponding remuneration and rewards for engaging in technological development activities according to law. Without proper reasons, the scientific and technical personnel or relevant personnel have the right to request the change or termination of the Intellectual Property Protection Agreement when the unit has not paid the rewards and remuneration for a long time. Once the "Intellectual Property Protection Agreement" is signed by both parties, it will have legal effect. If either party violates the agreement, the other party may apply to the relevant arbitration institution for arbitration or file a lawsuit with the people's court.

Article 16 The relevant personnel of the propaganda organization of the unit shall not disclose the substantive content of the technical secret when publishing (table) news, communication and reportage works, and other personnel publish articles, and the manuscript must be subject to the technical confidentiality department. The review, after the confirmation will not cause a leak, the signature can be published.

Article 17 The technical secrets involved in the archives and materials of the archives of the units and departments shall be implemented in accordance with the "Regulations on the Confidentiality of Archives Materials".

Article 18 If an external unit personnel, a foreign company, or other personnel who come to the unit for training, study, visits, inspections, business negotiations, etc. involve technical secrets, they shall report to the competent department for approval by the competent leader of the unit, and the department that receives the visit shall have a special person responsible for it. Keep your work confidential and conduct visits and inspections according to the specified route and scope.

Article 19: Relevant personnel of this unit shall strictly observe the technical secrets of their own units during academic exchange activities at home and abroad, including lectures, publications, meetings, visits, consultations, communication links, business negotiations, etc. And do not provide information and articles related to technical secrets to others.

Article 20 Any project involving various types of exhibitions at home and abroad shall be subject to the approval of the competent supervisor of the unit after the confidentiality of the main management department, and the personnel handling the exhibition shall strictly keep technical secrets.

Article 21 In the process of joint-stock reform or asset restructuring or joint venture with foreign investors, the personnel engaged in the work shall also strictly implement these Regulations, and shall not provide or disclose the technology of the unit to others in any way without approval. secret.

Article 22: Employees who retired, retired, resign or transfer, must return all technical materials, experimental materials, experimental equipment and products that have been engaged in scientific and technological work in the original unit to the original unit before leaving the unit, and may not copy or publish them without authorization. , disclose, use or transfer technical materials and articles related to the technical secrets of the unit.

Article 23 For foreign joint venture cooperation projects and technical improvement projects of the unit's technical measures, where technical secrets are involved, the cooperation party and the foreign unit shall sign a confidentiality agreement or add confidentiality clauses in the contract.

Chapter V Rewards and Punishments

Article 24 This unit shall reward those personnel and departments that have made outstanding achievements in the work of technical confidentiality, and give special awards to those who have made outstanding contributions.

Article 25 If a secret leak is caused by technical confidentiality management or mismanagement that is not in accordance with these Provisions, the person directly responsible shall be given the corresponding administrative treatment according to the relevant provisions, and the responsibility of the principal responsible person of the subordinate unit shall be investigated. Give certain financial penalties to those directly responsible and their affiliates.

Article 26: For the purpose of ignoring the provisions of this Regulation, for the purpose of seeking the interests of individuals or small groups, and deliberately letting the technical secrets of the unit leak, causing major losses and serious consequences, it will be in accordance with the Criminal Law of the People’s Republic of China. Articles 19 and 225 are investigated for legal responsibility.

Article 27: Technical confidentiality management personnel at all levels may cause economic losses due to the negligence of their own technical secrets, and weaken their ability to compete. They shall be given different levels of administrative sanctions and economic penalties depending on the seriousness of the circumstances.

Article 28: In case of violation of these Provisions, the unit's technical secrets are leaked, causing direct and indirect economic losses, and weakening the competitiveness, according to the provisions of Article 4 of these Provisions, the technical security department of the unit is responsible for the investigation. Verification, and put forward preliminary treatment opinions, and report to the unit for approval.

Chapter VI Supplementary Provisions

Article 29 These Provisions shall be implemented as of the date of promulgation.

Article 30 When the "Provisions" are in conflict with the relevant state laws and regulations and the relevant files of the higher authorities, the relevant national laws and regulations and the relevant files of the higher authorities shall prevail.