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辽宁成大: 辽宁成大股份有限公司信息披露暂缓与豁免业务内部管理制度
Zheng Quan Zhi Xing· 2025-08-29 15:12
General Provisions - The company establishes a system for the temporary suspension and exemption of information disclosure to ensure compliance with legal obligations and internal regulations [1][2] - The company must disclose information truthfully, accurately, completely, timely, and fairly, avoiding misuse of suspension or exemption to mislead investors [2][3] Scope and Conditions for Suspension and Exemption - The company should carefully determine the scope of information that can be temporarily suspended or exempted from disclosure, maintaining consistency with the initial listing conditions [4][5] - Information involving state secrets can be exempted from disclosure if there is sufficient evidence proving that disclosure would violate confidentiality regulations [5][6] - Business secrets can be temporarily suspended or exempted from disclosure if they fall under specific conditions that could lead to unfair competition or harm to the company or others [6][7] Internal Procedures and Reporting - The company must follow an internal approval process for any temporary suspension or exemption of disclosure, which includes documentation and archiving for ten years [5][6] - The company is required to report any temporary suspension or exemption of disclosure to the relevant regulatory bodies within ten days after the announcement of periodic reports [6][7] Additional Provisions - The company must revise the system as necessary to align with national laws and regulations, ensuring that any conflicts are resolved according to legal standards [8][9] - The board of directors is responsible for interpreting the system and ensuring its effective implementation [8]
「内鬼」侵犯华为芯片技术,14人被判刑!详情披露
Hua Xia Shi Bao· 2025-08-27 07:12
Core Viewpoint - The case of infringement of Huawei's HiSilicon chip technology trade secrets has resulted in a judgment on July 28, with 14 defendants not appealing, and the first-instance judgment has become effective. The estimated value of the illegally obtained technical information is 317 million yuan [1][3]. Group 1: Company Background - HiSilicon is a wholly-owned subsidiary of Huawei, which initiated the Wi-Fi chip research and development project in 2011, investing significant human and material resources for long-term independent research and development [3]. - The company implemented reasonable confidentiality measures to protect the acquired Wi-Fi chip technology information [3]. Group 2: Infringement Details - Zhang, a former head of the RF chip development department at HiSilicon, founded Zunpai after leaving the company and recruited several individuals to lead technical departments [3]. - Zhang and others conspired to develop similar Wi-Fi chips, recruiting former HiSilicon employees who used improper means to obtain technical information for Zunpai's chip development [3][4]. Group 3: Legal Proceedings - On April 10, 2024, the Shanghai People's Procuratorate filed a public prosecution against Zhang and 13 others for infringing commercial secrets [3]. - During the trial, the public prosecutor educated the defendants on evidence, legal principles, and emotional aspects, leading to voluntary confessions from all defendants [4]. Group 4: Sentencing Outcomes - The Shanghai Third Intermediate Court sentenced all 14 defendants for infringing commercial secrets, with Zhang receiving a six-year prison term and a fine of 3 million yuan, while others received varying sentences and fines [4]. - The head of the Intellectual Property Prosecutor's Office emphasized the importance of trade secrets in modern economic society, linking it to the security of key technologies and national high-quality development [4].
竞业协议限制不应滥用
Jing Ji Ri Bao· 2025-08-26 22:04
Core Viewpoint - The recent judicial interpretation by the Supreme People's Court aims to clarify the enforceability of non-compete agreements, emphasizing that such agreements should not be abused to restrict the free movement of talent while protecting the business secrets and intellectual property of employers [1][2][3]. Group 1: Non-Compete Agreement Regulations - The Labor Contract Law establishes non-compete agreements primarily to protect employers' business secrets and related confidentiality matters, preventing unfair competition without hindering the orderly flow of talent [1][2]. - The new judicial interpretation states that if a worker is unaware of or has not accessed the employer's business secrets, the non-compete clause is invalid, signaling a clear direction against the misuse of non-compete agreements [1][2][3]. Group 2: Judicial Interpretation and Employee Rights - The interpretation expands the scope of non-compete disputes, indicating that even roles such as cleaners and security personnel may be required to sign non-compete agreements, often with excessive penalties [2]. - The Supreme Court's interpretation supports workers in challenging non-compete clauses that exceed reasonable limits in terms of scope, geography, and duration, particularly when they are not aligned with the business secrets the worker has been exposed to [2][3]. Group 3: Case Studies and Implications - A case involving a pharmaceutical company and a former employee highlighted that the court ruled in favor of the employee, stating that the non-compete obligations were limited to the business secrets the employee was aware of, and confirmed that the two companies were not in competition [3]. - Another case clarified that employees who violate non-compete obligations while employed must bear legal responsibility, reinforcing the importance of adhering to legal and ethical standards in the workplace [4]. Group 4: Employer Responsibilities - Employers are now required to provide evidence that employees have accessed business secrets when disputes arise, shifting more burden of proof onto the employer [5]. - The interpretation aims to promote lawful employment practices and better protect employee rights, preventing the misuse of non-compete clauses to infringe upon workers' employment rights [5].
中际旭创: 信息披露暂缓与豁免管理制度(2025年8月)
Zheng Quan Zhi Xing· 2025-08-26 16:56
Core Points - The article outlines the information disclosure deferral and exemption management system of Zhongji Xuchuang Co., Ltd, aiming to regulate the behavior of information disclosure deferral and exemption in accordance with relevant laws and regulations [1][2] - The company emphasizes the importance of maintaining confidentiality regarding state secrets and commercial secrets, ensuring that information is disclosed accurately and fairly without misleading investors [2][3] - The internal management procedures for deferring or exempting information disclosure are clearly defined, including the application and approval process, which involves multiple levels of review and documentation [3][4][5] Group 1 - The system is established to comply with the Company Law, Securities Law, and other relevant regulations, ensuring that the company and other obligated parties handle information disclosure deferral and exemption appropriately [1][2] - The company and other obligated parties must carefully determine the necessity of deferring or exempting information disclosure, following internal review procedures to prevent information leaks [1][2] - Information that involves state secrets or commercial secrets can be deferred or exempted from disclosure under specific conditions, such as potential harm to the company or others if disclosed [2][3] Group 2 - The internal management of information disclosure deferral and exemption is led by the company's board of directors, with the board secretary responsible for organizing and coordinating these matters [3][4] - The application process for deferring or exempting disclosure requires the completion of a registration and approval form, which must be signed by relevant department heads and submitted to the securities department for review [4][5] - The company must maintain records of all deferral or exemption actions for a period of ten years, ensuring accountability and compliance with the established procedures [4][5]
汇通能源: 信息披露暂缓与豁免事务管理制度
Zheng Quan Zhi Xing· 2025-08-25 17:08
Core Points - The document outlines the information disclosure policy of Shanghai Huitong Energy Co., Ltd, focusing on the conditions under which the company can defer or exempt information disclosure to protect commercial secrets and national security [1][2][3] Group 1: Information Disclosure Conditions - The company can defer or exempt disclosure of information that involves commercial secrets if it meets specific criteria, such as potential harm to competitive advantage or violation of others' commercial secrets [1][2] - Information can also be exempted if it is proven to involve state secrets that could violate national confidentiality regulations [2] - The definition of "commercial secrets" includes non-public technical and operational information that provides economic benefits and is protected by confidentiality measures [2][3] Group 2: Internal Review Procedures - The company must conduct a careful assessment to determine if the information qualifies for deferral or exemption, ensuring that it has not been leaked and that insiders have committed to confidentiality [3][4] - The board secretary is responsible for reviewing and documenting the information that qualifies for deferral or exemption within two trading days [3][4] - Documentation must include the type of report, nature of the information, and internal review procedures, with a retention period of ten years for such records [4][5] Group 3: Disclosure Obligations - If the reasons for deferral or exemption are no longer valid, or if the information becomes difficult to keep confidential, the company must disclose the information promptly [4][5] - The company is required to submit relevant registration materials regarding deferred or exempted disclosures to regulatory authorities within ten days after the publication of annual, semi-annual, or quarterly reports [4][5] Group 4: Responsibilities and Penalties - The chairman of the board is directly responsible for the implementation of this disclosure policy, while department heads are accountable for managing and reporting related matters [5] - Failure to report relevant matters that lead to significant errors in information disclosure may result in administrative and financial penalties for responsible individuals [5]
亨通股份: 浙江亨通控股股份有限公司信息披露暂缓与豁免业务管理制度
Zheng Quan Zhi Xing· 2025-08-25 16:30
Core Viewpoint - The article outlines the information disclosure deferral and exemption management system of Zhejiang Hengtong Holdings Co., Ltd, aiming to ensure compliance with relevant laws and regulations while protecting sensitive information [2][3]. Group 1: General Provisions - The system is established to regulate the deferral and exemption of information disclosure by the company and related information disclosure obligors, in accordance with the Securities Law and other relevant regulations [2]. - The company can autonomously determine whether to defer or exempt disclosure without applying to the Shanghai Stock Exchange, provided that the circumstances meet the criteria set forth in the relevant rules [2][3]. Group 2: Scope of Deferral and Exemption - Information can be exempted from disclosure if it involves state secrets or other matters that may violate confidentiality regulations [3]. - Commercial secrets can be deferred or exempted from disclosure if they meet specific conditions, such as potential unfair competition or significant harm to the company or others [3]. Group 3: Approval Process - The company must carefully determine the deferral or exemption of information disclosure and take effective measures to prevent leaks [4]. - Relevant departments must fill out a registration form for deferral or exemption and submit it to the board office for review within two trading days [4][5]. Group 4: Penalties - The company has established a responsibility accountability mechanism for information disclosure deferral and exemption, with corresponding disciplinary measures for violations of the system [5][6]. Group 5: Supplementary Provisions - Any inconsistencies between this system and other company regulations regarding information disclosure deferral and exemption will be governed by this system [6].
秦安股份: 秦安股份信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-08-22 16:28
Core Points - The document outlines the management system for the deferral and exemption of information disclosure for Chongqing Qin'an Electromechanical Co., Ltd. and other obligated parties, ensuring compliance with legal requirements and protecting investors' rights [1][6] - The system specifies the conditions under which information can be deferred or exempted from disclosure, particularly concerning state secrets and commercial secrets [2][3] Group 1: General Provisions - The purpose of the system is to regulate the deferral and exemption of information disclosure, ensuring compliance with relevant laws and protecting investors' rights [1] - The system applies to both regular and temporary reports where disclosure is deferred or exempted as per the requirements of the China Securities Regulatory Commission and the Shanghai Stock Exchange [1] Group 2: Scope of Deferral and Exemption - Information can be exempted from disclosure if it involves state secrets or other matters that may violate confidentiality regulations [2] - Commercial secrets can be deferred or exempted from disclosure if they meet specific criteria, such as potential harm from disclosure or infringement of others' commercial secrets [2][3] Group 3: Internal Management Procedures - The board of directors is responsible for the management of deferral and exemption of information disclosure, with the board secretary coordinating the specific tasks [3][4] - Departments and subsidiaries can apply for deferral or exemption by submitting a request to the board office, which will review and determine the appropriateness of the request [4] Group 4: Documentation and Record-Keeping - The company must maintain records of all deferrals and exemptions, including the type of information, the reason for deferral, and the internal review process [4][5] - If information is deferred due to commercial secrets, additional documentation is required, including the impact of disclosure and a list of insiders [5] Group 5: Compliance and Enforcement - The company must ensure that all disclosures are truthful, accurate, complete, timely, and fair, and must not misuse the deferral or exemption provisions to evade disclosure obligations [5] - The system will be effective upon approval by the board of directors and will be subject to interpretation and revision by the board [6]
奥浦迈: 奥浦迈:《上海奥浦迈生物科技股份有限公司信息披露暂缓与豁免业务管理制度(2025年8月修订)》
Zheng Quan Zhi Xing· 2025-08-22 14:17
Core Viewpoint - The document outlines the management system for the temporary suspension and exemption of information disclosure by Shanghai Aopumai Biotechnology Co., Ltd, ensuring compliance with relevant laws and regulations [1][2]. Group 1: General Provisions - The purpose of the system is to regulate the handling of temporary suspension and exemption of information disclosure, urging the company and related parties to fulfill their disclosure obligations in accordance with the law [1]. - The system applies to the handling of temporary suspension and exemption of information disclosure as per the Securities Law, the listing rules of the Science and Technology Innovation Board, and other relevant regulations [1][2]. Group 2: Scope of Temporary Suspension and Exemption - Information that involves trade secrets or confidential business information may be temporarily suspended or exempted from disclosure if it meets certain conditions, such as potential harm to the company or others' interests [2][3]. - If there is sufficient evidence that the information involves state secrets, it may be exempted from disclosure in accordance with the law [2][3]. Group 3: Procedures for Temporary Suspension and Exemption - The company’s board secretary is responsible for organizing and coordinating matters related to the temporary suspension and exemption of information disclosure [4]. - Relevant departments must submit written materials regarding the reasons for suspension or exemption, ensuring the accuracy and completeness of the information [4][5]. Group 4: Internal Review Process - The internal review process for temporary suspension or exemption involves submitting applications to the securities affairs department, which are then reviewed by the board secretary and approved by the chairman [6]. - If the application for suspension or exemption is not approved, the company must disclose the information in accordance with regulatory requirements [6]. Group 5: Accountability and Penalties - The company has established a mechanism for accountability regarding the temporary suspension and exemption of information disclosure, with potential penalties for those responsible for non-compliance [7]. - The company reserves the right to pursue responsibility against consultants or intermediaries who disclose company information without authorization, leading to losses [7]. Group 6: Miscellaneous Provisions - Other matters related to the temporary suspension and exemption of information disclosure must comply with the relevant rules and regulations of the Science and Technology Innovation Board and other applicable laws [9]. - The system will take effect upon approval by the company's board of directors and will be revised as necessary [9].
深天马A: 信息披露暂缓与豁免管理制度(2025年8月)
Zheng Quan Zhi Xing· 2025-08-22 12:13
General Principles - The company establishes a system for the temporary suspension and exemption of information disclosure to ensure compliance with legal obligations and protect investors' rights [1] - The company and related parties must disclose information truthfully, accurately, completely, timely, and fairly, without abusing the suspension or exemption to evade disclosure obligations or mislead investors [1][2] Scope of Suspension and Exemption - Information can be exempted from disclosure if it involves state secrets or other matters that may violate confidentiality regulations [2] - Business secrets can be temporarily suspended or exempted from disclosure if they meet specific criteria, such as core technology information that could lead to unfair competition or information that could severely harm the interests of the company or others [2][3] Approval Procedures - The company must carefully determine matters related to the suspension and exemption of information disclosure and take effective measures to prevent leaks [4] - The board of directors leads and manages the suspension and exemption matters, with the board secretary responsible for organizing and coordinating the process [4] Registration and Reporting - The company must register details of the suspension or exemption, including the type of documents involved and the internal review process [5] - Relevant registration materials must be submitted to the Shenzhen Securities Regulatory Bureau and the Shenzhen Stock Exchange within ten days after the announcement of periodic reports [5] Accountability - The company establishes a responsibility accountability mechanism for improper handling of suspension or exemption of disclosure, holding responsible personnel accountable for any adverse effects caused [5]
三祥新材: 三祥新材股份有限公司信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-08-21 16:47
Core Points - The company has established a system for the deferral and exemption of information disclosure to ensure compliance with legal obligations and protect its interests [1][2] - The system applies to all departments, branches, and subsidiaries of the company, requiring careful judgment on deferral or exemption matters [1][2] - Information can be deferred if it involves uncertainties or temporary business secrets that could harm the company or mislead investors [1][2][3] Summary by Sections General Provisions - The company aims to regulate the deferral and exemption of information disclosure in accordance with relevant laws and regulations [1] - The company must prudently assess whether to defer or exempt disclosure and is subject to post-regulation by the Shanghai Stock Exchange [1][2] Applicable Situations and Conditions - Information that is classified as state secrets or business secrets may be exempted from disclosure if it could violate confidentiality laws or harm the company and investors [2] - Business secrets are defined as non-public information that provides economic benefits and has been kept confidential [2] - Specific conditions for deferral or exemption include potential harm to the company or others if disclosed [2][3] Application and Approval - The company must establish an internal approval process for deferring or exempting disclosures, ensuring that relevant information is communicated to the securities affairs department [4][5] - The secretary of the board is responsible for documenting deferral or exemption matters, which must be retained for at least ten years [4][5] - Any deferral or exemption must be reported to the relevant regulatory bodies within ten days after the publication of periodic reports [5] Final Provisions - The system will be interpreted by the company's board of directors and will take effect upon approval [6]