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事情经过: 树五金首饰厂(下简称“树厂”)是宝安区公明镇塘尾村一家生产饰品爪链的采料加工厂,该厂老板潘国基,香港人。饰品爪链是制造首饰的一种配件。树厂认为自身生产爪链模具的制造及维修技术是自己的商业秘密。本案向某等四被告原为树厂技术工人,998年初被另一被告人林某请至上海工作,同样生产爪链,林某与被告人方某是上海某公司的股东,方某是大股东。故树厂认为由于向某等四个工人泄漏了模具的制造及维修技术,而林某、方某使用该技术进行生产从而也侵犯了其商业秘密。相反,被告工人则称树厂并未拥有什么“商业秘密”,在厂期间也未曾签订过任何保密协议,甚至连劳动合同也未签订过,爪链的生产是一项很普通的技术,根本无“秘密”可言。
Things go through: Tree Hardware Jewelry Factory (hereinafter referred to as “tree factory”) is a production plant in Cheong Mei Village, Gongming Town, Baoan District, a mining processing plant, the owner Pan Guoji, Hong Kong. Jewelry claw chain is to create a jewelry accessories. Tree plant that their own production of claw chain mold manufacturing and maintenance technology is its own trade secrets. In the present case, a defendant named Lin was invited to Shanghai to work in Shanghai in the same year as the other four defendants. He also produced claw chains. Lin and defendant Fang Moumou were shareholders of a certain company in Shanghai. Fang Mou was a large shareholder. Therefore, the tree plant that because of the leakage of a mold and other four workers manufacturing and maintenance techniques, and Lin, Fang use of the technology to produce thus violating its trade secrets. On the contrary, the defendant workers claimed that the tree plant did not own any “trade secrets” and had not signed any confidentiality agreement during the plant period. Even the labor contract was not signed. The production of claw chains was a very common technology, No “secret” at all.