Last week, the protracted Huawei espionage case has finally come to the three former employees were sentenced concluded. Shenzhen Nanshan District Court on the issues of social concern Huawei former employee theft case first trial identified three constitute a violation of commercial secrets, Wang Zhijun and Liu Ning as a culprit, all sentenced to three years imprisonment, and around 50,000 fine; Qin Xuejun to accessory and sentenced to prison terms, 2002, in addition to a fine of 30,000 yuan. Huawei right, the matter has been concluded; But for many potential crisis similar to the enterprises, To avoid such as Huawei, the way to go is still far. Troubles leakage of commercial speech? Guangdong government vertical days Lawyer Robert Wei said that commercial confidentiality is difficult to dispute the lawsuit to fight. The first is the legal environment. Currently, most companies for commercial confidentiality rights awareness has become increasingly clear, But with the reporting of several other intellectual property rights such as trade marks, patents, copyright, the The commercial secrets law is still too brief. My current field of intellectual property forensic relatively stagnant, especially the lack of forensic reunification, the dispute led to a certain hard-diverse. In the Ministry of Justice, Since 1998, successively promulgated the "Registration and Management of the judiciary" and "justice expert management approach" two norms document-oriented society to the establishment of an accreditation body, identification of the qualifications set standards; But at the same time, Many provincial areas have also introduced their own relevant forensic local laws and regulations. Such unification will naturally bring the level of implementation problems. Second is the level of law enforcement there is a difficulty. Luo Wei said, "is the first hard evidence of a threshold, after obtaining evidence for the identification of evidence there are great problems." As identification of multiple agencies, the effect of the absence of a unified identification criteria and identification of responsibility for the absence of a unified legal recognition system will not only increase the accountability of commercial enterprises in the secret infringement difficult, but makes the case protracted time, even playing lawyer. usually have to pay a very high price. Finally, the judicial subjective factors for commercial infringement case definition increased uncertainty. As noted above, since the relevant legal brief, identification of overlapping agencies, the current commercial secrets or infringement judgment largely dependent on the judgment of individual judges. "That depends on the quality of judges, and judges on the case of tendentious. "Luo Wei, Although the general direction of the judge is impartial, but in this case the individual factors play a role in the high, The case is bound to increase the uncertainty of the results. It is these difficulties exist Therefore, the experts are more inclined to commercial enterprises secret problem nipped in the company's human resources management Jimmy systems, prior to the intervention of the judicial system. Documents enterprises should strengthen management in China, the company Huawei system is considered on track a company; Comparatively speaking, some SMEs similar probability of a higher, but because of management mechanism is imperfect. After the incident the more difficult to deal with. "We should let the staff of the company when it signed a confidentiality agreement, which is one of the most basic procedures, particularly with regard to technology-based enterprises. "Canada building north of human resources communications director Since the text, staff and the corporation's responsibility and obligations should come on in a clear, through confidentiality agreement, require employees to the company to make a commitment, and that commitment of writing. Since the text, the document company, enterprise management is the most basic one. However, many enterprises, especially SMEs, even this point has failed to do so. However, the legal profession stressed that the signing of a confidentiality agreement must also pay attention to certain legal issues, Otherwise, it may become an invalid null and void. Recently popular saying : high-tech enterprises and employees should sign the limit of business. require employees to leave the company after a certain period of time shall not in a competitive industry peers work. In this regard, Luo Wei should slogan : "When staff leave, He and the company signed a series of confidentiality agreements or contracts, But they are not restricted in the same sector companies to undertake their duties or job requirements were too high. "Because restrictions on the work of its staff leave involved in the scope of the rights and interests of laborers. Although the limit of business agreements to protect the company's interests, has violated the rights of workers -- and the latter is a more important than the former. for the rights of workers directly protected by the Constitution. Should there be any need for the limit of business agreements signed, the company must pay workers a lot of money, The number of staff and at least leave the job after what can be achieved income. Otherwise, any company can unilaterally restrict service personnel shall not in the same industry. Restricting Competition after the agreement was signed, but also strictly enforced. Once the dispute, the judge in the decision of the government also particularly careful, the company also has more stringent standard of proof. In fact, if the company's management more closely regulate and, in most cases you do not need to come to this step. Since the text that the technology sector management mechanism, if established, can resolve this crisis. Do not let the complete technical staff to get this Huawei former employee theft case exposed the problems Many Chinese enterprises is a common problem. "Huawei R & D system too concentrated, Several staff members so it can be taken away in an incomplete technology. "Since the paper said, "In fact, many big companies are very technical departments scattered. Every one of the master technicians are only a small part of it. " Enterprise employees going directly after hard to put themselves in this part of the technology market, This objective on the technical staff of the leakage caused a certain degree of difficulty. Since the paper said, many enterprises do not have the constraint mechanism, your boss or censure, completely rejected; either completely trust you, and all the information you have to share. These defects, particularly SMEs. They committed more errors. Because the small-business division of small, unclear and the relatively large installed president, rely too much on the individual efforts. All these will lead to a connection : high efficiency, and the risks are great. Because of the efficiency and the total risk at a constant balance stage process sometimes too detailed, too many links, it may lead to efficiency problems. In small businesses, small division, the process was not clear. This has resulted in efficiency may be a bit higher, the risk to be very high. This led to the emergence of a corporate cost requirement, an enterprise is the main problem of concept. "But entrepreneurs must be aware that with the risk ratio, the cost is simply a drop in the ocean. "Since the paper said, "Many enterprises are actually risks for short-term efficiency. This is also Chinese enterprises short-lived one of the major reasons. "within rules should jointly safeguard the "human resources perspective, Enterprises have to be done every year on confidentiality conduct training and education. "Since the paper said, The most important thing is to let them really have the corporate ethics and corporate philosophy. "You let them know : in the future of the industry, the market's career, credibility will play a pivotal role. Let them know : betrayed not only the result of enterprises to pay legal costs will have to pay the market price, or even their entire career gamble. "In addition to training employees in the form of enhancing the quality, a more important level enterprises should work together to safeguard industry rules. Experts believe that the mature Western market system has been able to prevent more smoothly and commercial leakage. Apart from the legal sound, there are two aspects of the quality of the Chinese market has not reached this stage : 1. have developed in the industry, a sector in the management and elites are basically keeping in close touch; 2. respect the integrity of the business climate, if a professional manager or senior technical staff stealing secrets general industry as a whole will be spurned, in this case, even though they made 1:00 interests, can hardly foothold in the industry. This right to consider the theft of staff in the interests of the enterprises often cause great binding. "A mature enterprises, should not be taking another company confidential channels for the purpose of the company's staff, Because he sold the others, tomorrow, it could betray you. from the macroscopic view, order the destruction of the damage the entire industry, This pernicious consequences Cup final will be distributed to include it in all their enterprises. "Since the text indicated that the enterprises, win the best option is to work together to create a healthy and benign competition order industries. Destroy each other within the rules, or will eventually suffer the enterprise itself.