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。

多项选择题
阅读理解

Life in 2060

  Let us suppose it is now about A.D. 2060. Let’s make believe (假装;虚构) it is about sixty years from now. Of course, things have changed and life is very different.

  Voyages to the moon are being made every day. It is as easy to take a holiday on the moon today as it was for the people in 1960 to take a holiday in Europe. At a number of scenic spots on the moon, many hotels have been built. The hotels are air-conditioned, naturally. In order that everyone can enjoy the beautiful scenery on the moon, every room has at least one picture window. Everything imaginable is provided for entertainment (娱乐) of young and old.

  What are people eating now? People are still eating food. They haven’t yet started to take on heir (继承) supply of energy directly as electrical current or as nuclear power. They may some day. But many foods now come in pill form, and the food that goes into the pill continues to come mainly from green plants.

  Since there are several times as many people in the world today as there were a hundred years ago, most of our planet’s surface has to be filled. The deserts are irrigated with water and crops are no longer destroyed by pests. The harvest is always good.

  Farming, of course, is very highly developed. Very few people have to work on the farm. It is possible to run the farm by just pushing a few buttons now and then.

  People are now largely vegetarians (素食者). You see, as the number of people increases, the number of animal decreases. Therefore, the people have to be vegetarians and we are healthier both in our bodies and in our minds, and we know the causes and cure of disease and pain, and it is possible to get rid of diseases. No one has to be ill any more.

  Such would be our life in 2060.

  

1. When was the passage written?

  A. In about A.D. 2060.

  B. In about 1960.

  C. In about 2000.

  D. In about 2004.

2. According to the passage, what will be on the moon in about A.D. 2060?

  A. Many tourists.

  B. Many other animals.

  C. Many plants.

  D. A sea.

3. What will people eat then according to the passage?

  A. Biscuits in pill form.

  B. Foods in pill form.

  C. Foods in water form.

  D. Foods in gas form.

4. The passage tells us that in 2060, ____ on the earth than now.

  A. there are fewer population

  B. there are more pests

  C. there is less water

  D. the crops are getting better

5. Why are people largely vegetarians in 2060?

  A. Because they don’t eat meat.

  B. Because doctors advise them not to eat meat.

  C. Because the number of animals decreases.

  D. Because all the animals have died of diseases.