Employees with detailed information about a former employer's know-how often leave to start a new business or join a rival firm. Whether the employee can use the previously acquired know-how in the new position, Knowledge and skills depend largely on "Trade secret law" Stipulation of, The circumstances and the behavior of the employee.

Different from other countries, The starting point of Swedish law is that former employees can make unrestricted use of the experience gained during their employment, Skills and knowledge, It doesn't hurt to include trade secrets. but, "Trade secret law" This right may be limited.

The Labour Court recently ruled on a case involving the calculation of damages for trade secret infringement. In the Labour court 2021 years 1 Before the ruling in December, violate "Trade secret law" There are two types of damages: Compensation for economic damage (Recoup economic losses) And general damages (Solve other problems) .

The important difference between the two, The circumstances on which a claim for economic damages is based must be substantiated by the claimant, The circumstances and arguments for general damages do not require this. The fact is that this case involves the departure of an employee (Termination of employment) Later, he co-founded a rival company. The employee retained trade secret information and documents from his former employer, And disclosed the information to the new company, And use the information in new positions.

The court ruled that, Ex-employee breach "Trade secret law" , Damages shall be paid. The former employer also said, Former employees also violated "Copyright law for literary and artistic works" , Because employees copy information protected by copyright law, They are therefore entitled to damages under copyright law.

Award in determining the principle of calculating damages, The court stated that, 2018 The year of the new "Trade secret law" and "Copyright law" Are based on European Union directives (The first 2016/943/EU Command number and No 2004/48/EC Number instruction) , And the relevant provisions of these directives are similar. Therefore, Due to "Copyright law" and "Trade secret law" Both apply to the case, The court ruled that damages under the two laws should be calculated in the same way.

(Compiled from www. lexology. com)

Reprinted from China Intellectual Property Network   translation: Rason group　proofread: Wang Dan

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