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台积电(TSM.US)起诉前副总裁罗维仁 指控窃取芯片技术后加盟英特尔
智通财经网· 2025-11-25 12:36
上周,中国台湾经济部长表示,正在对罗进行调查。此前报道称,罗在推动台积电芯片制造技术方面发 挥了关键作用,并且据称在10月加入英特尔之前带走了公司数据。 截至发稿,台积电股价周二盘前交易时段小幅下跌,跌幅0.46%,报283.33美元。 该公司声称,75岁的罗维仁在离职前窃取了与先进半导体工艺相关的专有技术数据,违反了竞业禁止条 款,并触犯了《商业秘密法》等多项法律。 据报道,英特尔首席执行官陈立武(Lip - Bu Tan)在接受采访时驳斥了有关任何不当行为的猜测。 智通财经APP获悉,台积电(TSM.US)对其前负责企业策略发展的高级副总裁罗维仁(Wei - Jen Lo)提起了 诉讼,罗维仁后来加入了英特尔(INTC.US)。 ...
竞业限制如何更规范 相关指引保护企业利益和劳动者合法权益
Ren Min Ri Bao· 2025-11-14 00:55
推动竞业限制"全员签约"、对竞业限制经济补偿"低偿高罚"、顶格设置竞业限制期限……近年来,企业 和劳动者关于竞业限制的纠纷时常引起讨论。竞业限制,是指企业与负有保守商业秘密义务的劳动者约 定,在解除或终止劳动合同后一定期限内,劳动者不得到与本单位生产或经营同类产品、从事同类业务 的有竞争关系的其他企业就业,也不得自己开业生产或经营同类产品、从事同类业务。 答:经济补偿是企业对劳动者履行竞业限制义务的补偿,违约金是劳动者未履行竞业限制义务需向企业 支付的相应金额。实践中,有的企业与劳动者约定支付过低的经济补偿,但约定过高的违约金;有的以 工资中已包含经济补偿为由,不再支付。 指引明确,企业要求劳动者承担竞业限制义务的,需支付经济补偿。企业应根据商业秘密的研发成本和 商业价值、限制从业范围、劳动者在职期间工资水平、对劳动者就业择业和职业发展的影响等,合理确 定经济补偿。企业支付给劳动者的月经济补偿,一般不低于劳动者在劳动合同解除或终止前12个月平均 工资的30%,且不低于劳动合同履行地最低工资标准。竞业限制期限超过1年的,月经济补偿一般不宜 低于劳动者在劳动合同解除或终止前12个月平均工资的50%。企业应在竞业限 ...
竞业限制如何更规范(政策解读·问答)
Ren Min Ri Bao· 2025-11-13 22:10
答:指引明确,企业实施竞业限制,需先确认拥有商业秘密的内容和范畴。 商业秘密是指不为公众所知悉、具有商业价值并经企业采取相应保密措施的技术信息、经营信息等商业 信息。属于行业内一般常识或者行业惯例,可以从公开渠道获得的商业信息,均不属于商业秘密的范 畴。企业不得将未知悉或未接触企业商业秘密的劳动者纳入竞业限制范围。 竞业限制的人员限于高级管理人员、高级技术人员和其他负有保密义务的人员。有的企业将大量未掌握 商业秘密的劳动者甚至保安、前台人员等均作为"其他负有保密义务人员"纳入竞业限制范围。对此,指 引明确,仅掌握行业通用的专业知识和技能、工作中接触到的仅为企业一般经营信息的劳动者,不负有 保密义务。若企业与其他负有保密义务的人员约定竞业限制义务,要提前告知理由,说明具体需要保守 的商业秘密。 推动竞业限制"全员签约"、对竞业限制经济补偿"低偿高罚"、顶格设置竞业限制期限……近年来,企业 和劳动者关于竞业限制的纠纷时常引起讨论。竞业限制,是指企业与负有保守商业秘密义务的劳动者约 定,在解除或终止劳动合同后一定期限内,劳动者不得到与本单位生产或经营同类产品、从事同类业务 的有竞争关系的其他企业就业,也不得自己开业 ...
大厂竞业限制协议「七宗罪」
3 6 Ke· 2025-10-09 13:09
Core Points - The article discusses the increasing prevalence and controversy surrounding non-compete agreements in various industries, particularly in the tech sector, and highlights the impact on employees, especially younger ones [2][4][37] - It emphasizes the disparity in power dynamics between companies and employees regarding the enforcement of non-compete clauses, often leading to severe financial and emotional consequences for the latter [28][47][50] Group 1: Non-Compete Agreement Trends - Non-compete agreements have expanded to include lower-level employees, with 77% of affected individuals being grassroots workers, including security and cleaning staff [3][4] - The internet industry has the highest concentration of non-compete cases, followed by the automotive and manufacturing sectors, with a notable increase in companies that previously did not enforce such agreements now adopting them [4][5][41] - The scope of non-compete agreements has broadened significantly, often covering numerous related companies and industries, effectively limiting employees' future job opportunities [9][10][60] Group 2: Employee Experiences and Legal Implications - Many employees, particularly those in lower positions, are subjected to non-compete agreements despite lacking access to sensitive company information, leading to absurd situations where they face significant penalties for switching jobs [6][8][47] - The compensation for employees under non-compete agreements is often minimal, with some companies offering as low as 10-20% of their salary as compensation, while the penalties for breach can reach multiples of their annual salary [14][15][17] - Legal proceedings related to non-compete agreements often favor companies, as they have more resources and better access to legal representation, creating an uneven playing field for employees [28][36] Group 3: Industry and Legal Developments - Recent judicial interpretations and guidelines from the Supreme Court and the Ministry of Human Resources aim to clarify the legality and enforceability of non-compete agreements, particularly for non-sensitive positions [60] - The article suggests that the current legal framework may evolve to better protect employees and promote fairer practices in the enforcement of non-compete agreements [52][58] - There is a growing recognition that the overuse of non-compete agreements can stifle talent mobility and hinder industry growth, prompting calls for reform [47][49][53]
企业如何合规实施竞业限制?指引来了
Xin Hua Wang· 2025-09-13 07:36
Core Points - The Ministry of Human Resources and Social Security has issued guidelines for enterprises to implement non-compete agreements in compliance with the law, aiming to protect both business secrets and the legitimate rights of workers [1][2] Group 1: Non-Compete Agreement Implementation - Non-compete agreements restrict employees from working for competing firms or starting similar businesses for a specified period after leaving the company [1] - The guidelines clarify that general industry knowledge or publicly available information does not constitute a business secret, thus preventing companies from overextending the scope of non-compete agreements [2] Group 2: Economic Compensation - Economic compensation during the non-compete period should be determined based on factors such as the cost of developing business secrets, the commercial value of those secrets, the scope of employment restrictions, and the employee's salary during their tenure [2] - Companies are required to pay monthly economic compensation that is at least 30% of the employee's average salary from the previous 12 months, and for agreements longer than one year, this should be at least 50% [2] Group 3: Penalties for Breach - The amount of penalty for breach of the non-compete agreement should be based on the potential economic loss from the employee's disclosure of business secrets and should not exceed five times the total economic compensation agreed upon [3] - Companies are encouraged to establish a reasonable scope for non-compete agreements and to ensure a fair balance between protecting business secrets and safeguarding employee rights [3]
美埃科技: 信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-09-03 11:17
Core Viewpoint - The article outlines the information disclosure deferral and exemption management system of Meiyu (China) Environmental Technology Co., Ltd, aiming to regulate the behavior of the company and other information disclosers, enhance information disclosure supervision, and protect investors' legal rights [2][3]. Group 1: General Principles - The system is established based on relevant laws and regulations, including the Securities Law of the People's Republic of China and the Shanghai Stock Exchange's rules [2]. - The company and other disclosers must disclose information truthfully, accurately, completely, timely, and fairly, without abusing deferral or exemption to evade disclosure obligations or mislead investors [3]. Group 2: Scope of Deferral and Exemption - Information can be deferred or exempted from disclosure if it involves state secrets or other matters that may violate state confidentiality regulations [6]. - The company has an obligation to protect state secrets and must not disclose such information through any means, including investor interactions or press releases [4]. Group 3: Procedures for Deferral and Exemption - The company must carefully determine deferral and exemption matters and follow internal review procedures before implementation [3]. - If information is deferred or exempted, the company must register the details and maintain records for at least ten years [12]. Group 4: Reporting and Compliance - The company must report any deferred or exempted information to the Shanghai Stock Exchange and the local securities regulatory bureau within ten days after the annual, semi-annual, or quarterly report announcement [13]. - If the reasons for deferral or exemption are eliminated, the company must promptly disclose the information and provide justifications for its classification as a business secret [10].
天才少年背刺马斯克,疑窃取代码“叛逃”OpenAI?
Hu Xiu· 2025-09-01 03:19
Core Points - xAI, founded by Elon Musk, has filed a lawsuit against former employee Xuechen Li for theft of trade secrets [1][9] - The lawsuit highlights the competitive nature of the AI industry and the importance of protecting proprietary technology [15][27] Group 1: Background of Xuechen Li - Xuechen Li has a notable background in AI, having worked at Meta, Google, and Microsoft before joining xAI [2][6] - He completed his PhD at Stanford University in a short span, focusing on trustworthy and secure machine learning methods [4][6] Group 2: Events Leading to the Lawsuit - The lawsuit details events that escalated in the summer of 2025, including Li's sale of approximately $7 million worth of xAI stock [9][10] - On July 25, 2025, the same day he received the last stock sale proceeds, Li allegedly copied confidential information from his work laptop to personal storage [9][10] Group 3: Allegations and Company Response - xAI claims that Li took significant trade secrets, including their entire codebase, which could provide competitors with a substantial advantage [11][14][15] - The company discovered the alleged theft during a routine log review on August 11, 2025, and attempted to recover the stolen data [10][11] Group 4: Legal Actions and Implications - xAI is seeking a temporary restraining order to prevent Li from accessing any devices that may contain confidential information and to prohibit him from working at OpenAI until the matter is resolved [16][17] - The outcome of this lawsuit could set a precedent for talent mobility and intellectual property protection in the AI industry [27]
悍高集团: 信息披露暂缓与豁免管理制度
Zheng Quan Zhi Xing· 2025-08-29 17:47
Core Viewpoint - The company has established a management system for the deferral and exemption of information disclosure to ensure compliance with legal obligations and protect investors' rights [1][2][3]. Group 1: Information Disclosure Management - The company and related information disclosure obligors must disclose information truthfully, accurately, completely, timely, and fairly, and cannot misuse deferral or exemption to evade disclosure obligations or mislead investors [1][2]. - Deferral or exemption of disclosure is applicable when the information involves state secrets or commercial secrets that could lead to unfair competition or harm the interests of the company or others [2][3]. Group 2: Procedures for Deferral and Exemption - The company must document the reasons for deferring or exempting disclosure, including the internal review process and the circumstances under which the information must be disclosed [4][5]. - The decision to defer or exempt disclosure must be made by the general manager's office or the board of directors, depending on the nature of the information [4][6]. Group 3: Confidentiality Obligations - Company directors and other insiders have a duty to maintain confidentiality regarding deferred or exempted information and must limit the number of individuals who are aware of such information [5][6]. - Any breach of confidentiality or failure to report deferral or exemption matters may result in internal disciplinary actions or legal consequences [6][7]. Group 4: Documentation and Reporting - The company is required to submit relevant documentation regarding deferred or exempted disclosures to the regulatory authorities within ten days after the announcement of periodic reports [5][6]. - The management system includes specific forms for documenting deferral and exemption requests, ensuring that all necessary information is accurately recorded [8][9].
祥生医疗: 无锡祥生医疗科技股份有限公司信息披露暂缓与豁免事务管理制度
Zheng Quan Zhi Xing· 2025-08-29 17:11
Core Points - The article outlines the information disclosure and exemption management system of Wuxi Xiangsheng Medical Technology Co., Ltd, aiming to ensure compliance with legal obligations and protect investors' rights [1][2] - The company is required to disclose information in accordance with relevant regulations, but may defer or exempt disclosure under specific circumstances [1][2] - The internal management procedures for deferring or exempting disclosures are detailed, including the roles of the board of directors and the secretary [4][5] Chapter Summaries Chapter 1: General Principles - The system is established to regulate information disclosure and exemption behaviors, ensuring compliance with laws and protecting investor rights [1] - The company must assess whether information can be deferred or exempted based on specific criteria outlined in the regulations [1][2] Chapter 2: Applicable Situations and Conditions - Information may be exempted from disclosure if it involves state secrets or commercial secrets that could lead to unfair competition or harm to the company or others [2] - If the reasons for deferring or exempting disclosure are eliminated, the company must promptly disclose the information [2] Chapter 3: Internal Management Procedures for Disclosure Deferral and Exemption - The board of directors leads the management of deferral and exemption matters, with the secretary coordinating the process [4] - A formal application process is required, including documentation and internal approvals before any deferral or exemption is enacted [5] Chapter 4: Responsibilities and Penalties - The company must establish a responsibility accountability mechanism for any non-compliance with the disclosure system [6][7] - Individuals responsible for improper deferral or exemption may face consequences if it leads to negative impacts on the company or investors [7] Chapter 5: Supplementary Provisions - The system must align with existing stock exchange rules and relevant laws [7] - The board of directors is responsible for interpreting the system, which takes effect upon approval [7]
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]