For employees who have already left their jobs, when they start their own businesses or go to a competitive company, they should be subject to competition restrictions. The legislative department should be regulated by the legal standpoint.
Yesterday (January 18), the market uploaded a message that six former Huawei employees were arrested a few months ago when they were suspected of leaking internal company information to competitors and were arrested a few days ago. For this reason, Huawei issued an internal report to the company that the case is currently being investigated by the Shenzhen police, and all information disclosed by the police shall prevail.
In response to this rumor, LeTV and Coolpad responded separately, saying that several people who were arrested did not disclose secrets, but there were patent disputes and they were taking legal proceedings. According to another media report, Huawei did not involve LeTV and Coolpad, nor did it involve Huawei's middle and high level. It only involved engineers and designers. However, Cool CEO Liu Jiangfeng said that this incident has nothing to do with Coolpad, because some of the people who were arrested later joined Coolpad.
Huawei is a high-tech enterprise. In recent years, Huawei has developed rapidly. Its patent products not only dominate the domestic market, but also have a place in the international market. It has become an important multinational enterprise in the industry. Huawei can achieve such performance. It is inseparable from its strategy of insisting on independent innovation for many years. Independent innovation requires a large amount of upfront investment. Therefore, Huawei has always had strict confidentiality measures for patented technology and has strict confidentiality requirements for internal personnel. Some illegal employees have been dealt with before. The report can also be understood as an action by Huawei to protect the company's core technology secrets.
For the time being, it is difficult to make a right and wrong judgment because of the limited information disclosed by the parties involved and the different opinions of the parties.
However, this incident of Huawei tells us that for a high-tech enterprise based on independent innovation technology, the mastery of core technology is more important than life. In the fierce market competition, enterprises need to open up the market and occupy the market with independent innovation technology, but at the same time, the protection of independent innovation technology should occupy the same height. Huawei's business has expanded to the international market, and in the international market, various "economic spies" are also active. If a company steals the core technology of its competitors, it can successfully embark on a development shortcut and be infringed. For enterprises, it means the loss of the market. In this regard, many multinational companies have had a painful lesson.
It is unclear how many former Huawei employees who have been arrested by the police are committing crimes. I believe that the law will not be subject to Huawei’s unilateral rhetoric. However, for Huawei's approach to judicial disputes to resolve trade secret disputes, the author believes that a positive attitude should be adopted.
In the era of globalization, the struggle between countries is manifested in the competition of the market, and the competition in the market is always carried out by competition among enterprises. In order to grasp the commanding heights of the market, more and more enterprises attach great importance to the protection of core technologies and prevent the penetration of “economic spies†into enterprises. All countries have also begun to establish legal protection mechanisms for the core technologies of enterprises.
In contrast, China's legislative norms in this respect are still only crude. Enterprises are more constraining internal personnel in the form of internal regulations, and they are only targeting competition in the domestic market, and have not yet been upgraded to how to adapt to the international market. The level of competition. More importantly, it is easy to dispute whether such constraints imposed by the company's unilateral provisions violate the legitimate rights and interests of employees, especially those who have left the company, what should they receive when they start their own business or go to a competitive company. Such non-competition restrictions need to be regulated by the legislative branch in the fair position of the law.
The emergence of Huawei's incident reminds the legislative department that in the environment where China vigorously advocates independent innovation, the protection of independent innovation technology cannot stay at the level of internal regulations of the enterprise, whether from the perspective of protecting enterprises or protecting employees. From the perspective of equity, the state needs to establish special regulations to regulate, so that companies and employees can have laws to rely on.
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