问题 多项选择题

甲厂与工程师江某签订了保密协议。江某在劳动合同终止后应聘至同行业的乙厂,并帮助乙厂生产出与甲厂相同技术的发动机。甲厂认为保密义务理应包括竞业限制义务,江某不得到乙厂工作,乙厂和江某共同侵犯其商业秘密。关于此案,下列哪些选项是正确的?()

A.如保密协议只约定保密义务,未约定支付保密费,则保密义务无约束力

B.如双方未明确约定江某负有竞业限制义务,则江某有权到乙厂工作

C.如江某违反保密协议的要求,向乙厂披露甲厂的保密技术,则构成侵犯商业秘密

D.如乙厂能证明其未利诱江某披露甲厂的保密技术,则不构成侵犯商业秘密

答案

参考答案:B, C

解析:

保密义务属于法定义务或附随义务,与当事人约定的竞业限制义务不同,保密义务是否成立与保密费用无关。若当事人约定了保密费,则应向保密义务人支付,若未约定保险费,则无需支付,A项错误。根据《反不正当竞争法》第10条第2款,第三人明知或应知第1款规定的违法行为,获取、使用或者披露他人的商业秘密,视为侵犯商业秘密。乙厂即使未以利诱、胁迫等不正当手段获取商业秘密,只要明知或应知江某披露甲厂商业秘密,仍为侵犯商业秘密行为,D项错误。根据《劳动合同法》第23条的规定,劳动合同解除或终止后的竞业限制义务须当事人明确约定,未约定则无此义务,所以B项正确。根据《反不正当竞争法》第10条第1款的规定,依据法律和合同,有义务保守商业秘密的人披露、使用或者允许他人使用其所掌握的商业秘密,属于侵犯商业秘密的行为,所以C项正确。 

【考点】:不正当竞争行为

配伍题 B型题
填空题

Long before man lived on the Earth, there were fishes, reptiles, birds, insects, and some mammals. Although some of these animals were ancestors of kinds living today, others are now extinct, that is, they have no descendants alive now. Nevertheless, we know a great deal about many of them because their bones and shells have been preserved in the rocks as fossils.

41.______That kind of rock in which the remains are found tells us much about the nature of the original land, often of the plants that grew on it, and even of its climate.

When an animal dies, the body, its bones, or shell, may often be carried away by streams into lakes or the sea and there get covered up by mud. If the animal lived in the sea its body would probably sink and be covered with mud. More and more mud would fall upon it until the bones or shell become embedded and preserved. 42.______Thus it follows that there must be many kinds of mammals, birds, and insects of which we know nothing,

43.______Later forms are more complex, and among these are the sea-lilies, relations of the star-fishes, which had long arms and were attached by a long stalk to the sea bed, or to rocks. There were also crab-like creatures, whose bodies were covered with a horny substance, The body segments each had two pairs of legs, one pair for walking on the sandy bottom, the other for swimming. The head was a kind of shield with a pair of compound eyes, often with thousands of lenses. They were usually an inch or two long but some were 2 feet.

The shellfish have a long history in the rock and many different kinds are known. Of these, the ammonites are very interesting and important. They have a shell composed of many chambers, each representing a temporary home of the animal. As the young grew larger it grew a new chamber and sealed off the previous one. Thousands of these can be seen in the rocks on the Dorset Coast.

The first animals with true backbones were fishes, first known in the rocks of 375 million years ago. About 300 million years ago the amphibians, the animals able to live both on land and in water, appeared. They were giant, sometimes 8 feet long, and many of them lived in the swampy pools in which our coal seam, or layer, formed. 44.______About 75 million years ago the Age of Reptiles was over and most of the groups died out. The mammals quickly developed, and we can trace the evolution of many familiar animals such as the elephant and horse. 45.______

[A] The best index fossils tend to be marine creatures. These animals evolved rapidly and spread over large areas of the world.

[B] The amphibians gave rise to the reptiles and for nearly 150 million years these were the principal forms of life on land, in the sea, and in the air.

[C] Many of the later mammals, though now extinct, were known to primitive man and were featured by him in cave paintings and on bone carvings.

[D] Nearly all of the fossils that we know were preserved in rocks formed by water action, and most of these are of animals that lived in or near water.

[E] The earliest animals whose remains have been found were all very simple kinds and lived in the sea.

[F] Many factors can influence how fossils are preserved in rocks. Remains of an organism may be replaced by minerals, dissolved by an acidic solution to leave only their impression, or simply reduced to a more stable form.

[G] From them we can tell their size and shape, how they walked, the kind of food they ate. Very occasionally the rocks show impression of skin, so that, apart from color, we can build up a reasonably accurate picture of an animal that died millions of years ago.

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