问题 多项选择题

海城市甲公司研发部门技术人员A按公司安排开发一项商业秘密,用于甲公司生产的制鞋机中,甲公司生产的制鞋机因此在华东地区长期销路很好,市场影响大,知名度很高,有时甚至缺货。海城市乙公司也生产制鞋机,由于技术相对落后,销路不好,乙公司号召员工献计献策,以打开产品销路。

对于甲公司在其制鞋机中拥有的商业秘密,乙公司能合法获得该商业秘密的途径有( )。

A.自行开发研制获得

B.实施反向工程获得

C.低价向甲公司购得

D.高价向A员工购得

答案

参考答案:A,B,C

解析: 《反不正当竞争法》第十条规定,经营者不得采用下列手段侵犯商业秘密:(一)以盗窃、利诱、胁迫或者其他不正当手段获取权利人的商业秘密;(二)披露、使用或者允许他人使用以前项手段获取权利人的商业秘密。最高人民法院2007年1月17日公布的《关于审理不正当竞争民事案件应用法律若干问题的解释》第十二条规定,通过自行开发研制或者反向工程等方式获得的商业秘密,不认定为反不正当竞争法第十条第(一)、(二)项规定的侵犯商业秘密行为。前款所称“反向工程”,是指通过技术手段对从公开渠道取得的产品进行拆卸、测绘、分析等而获得该产品的有关技术信息。当事人以不正当手段知悉了他人的商业秘密之后;又以反向工程为由主张获取行为合法的,不予支持。通过自行开发研制或者反向工程等方式获得的商业秘密,不认定为反不正当竞争法有关条款规定的侵犯商业秘密行为。综上所述,可知A、B项都是正确的;D项是典型的侵犯商业秘密的行为。至于C项,就商业秘密使用问题,法律并未禁止乙公司与甲公司之间达成低价许可使用协议,完全可以自行协商。故选ABC。

单项选择题
填空题


How many of us would temp for three years while we waited for the perfect job Not many of us, perhaps. But Wentworth Miller, the "Prison Break" star, said he chose to wait even longer time (1) he found the right job.
"Actually I think it might have been three or four years until I was lucky enough to get guest (2) on TV shows," said Miller, 34, who rose to international stardom (3) to "Prison Break" in 2006. That kind of patience and p will was portrayed in "Prison Break". Miller (4) engineering wizard Michael Scofield, who tries everything to break out of a Chicago (5) with his brother. Miller said he was fond of his character, (6) he said "exists in shades of grey".
Miller comes from a (7) of teachers. He said he didn’t seem fated for a career in the arts, (8) his passion for acting. After (9) from Princeton with an English degree, he moved (10) his parents’ request to Los Angeles to look for a stable life. He started (11) in a little company that made television movies. This (12) simply faxing, filing, walking the boss’ dog and going to the store for the boss’ lunch. Every weekend during the summer, Miller (13) go to the office (14) he didn’t have air-conditioning. "I would hang (15) in the conference room and set up camp and rob the company kitchen," recalled Miller.
(16) , Miller realized he still had questions about his choice. He decided to quit. But the boss said he was making a mistake and offered him a well-paid assistant position. "I eventually (17) that if I did the corporate job, it would be great if I was successful, but I would always wonder about the (18) . If I did the acting and was successful, I would never wonder (19) that job," he explained. He quit and temped (20) many people in the entertainment industry.
Now, he’s a hot star and has people coming up to him at film festivals saying, "Weren’t you the one who (21) to stand by the copy machine "
"That was tough, but I’m glad I have that perspective. Because now I’m at a point (22) big shots laugh at all my jokes and I think, You know, I got coffee for people like you for six years’. So I know what’s (23) , because I’ve seen the other side." But what if, when he was offered the corporate job, there had been more money "It was never about the (24) There’s a kind of excitement that comes along with acting. I can’t find it anywhere else. Even if I had to go back to temping, even if this is not the beginning of an amazing career, I would not (25) making that jum
p."