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。

阅读理解

Every object tells a story. Even the most ordinary objects can present to us powerful images. Sometimes it is the ordinary nature of these objects that actually makes them so extraordinary. Such is the case with an old leather shoe in a museum in Alaska. At first glance it does not look like much. It is a woman’s shoe of a style popular in the 1890s. But what is unique(独特的) about this shoe is where it was found. It was discovered on the Checkout Pass, the famous trail used by the people seeking gold in Alaska. Who it belonged to or why it was left there is not known. Was it perhaps dropped by accident as the woman climbed up the 1500 stairs carved outface? Or did she throw away goods that she didn’t need in order to travel lighter?

Over 100, 000 people with “gold fever” made this trip hoping to become millionaires. Few of them understood that on their way they would have to cross a harsh wildness. Unprepared for such a dangerous journey, many died of starvation and exposure to the cold weather.

The Canadian government finally started requiring the gold seekers to bring one ton of supplies with them. This was thought to be enough for a person to survive for one year. They would carry their supplies in backpacks(背包) each weighing up to fifty pounds; it usually took at least 40 trips to get everything to the top and over the pass. Whoever dropped the shoe must have been a brave and determined woman. Perhaps she was successful and made it to Alaska. Perhaps she had to turn back in defeat. No one will ever know for sure, but what we do know is that she took part in one of the greatest adventures in the 19th century.

小题1:The ordinary woman’s leather shoe is considered unusual because ______. 

A.it was an important clue to life in the past

B.it was found on a famous trail

C.it at one time belonged to a VIP

D.it was a fashionable shoe at that time小题2:According to this passage, many people who went to Alaska ______. 

A.eventually became millionaires

B.brought with them many shoes

C.had conflicts with the Eskimos

D.were not properly equipped小题3: The Canadian government made gold seekers bring one year’s supplies with them so that ______.

A.they would not die of hunger and cold

B.the army would have enough food for fighting a war

C.they would change these goods with the Eskimos

D.the supplies would make Alaska rich小题4:No matter what happened to the woman who owned the shoe, ______. 

A.she must have lived a happy life

B.she certainly dropped the shoe on purpose

C.her adventurous spirit is definitely admired

D.her other shoes were equally fashionable

问答题 简答题