Cosmetic Advisor with customer list "job hopping" is liable to infringement, unauthorized use of the State organs to others photos for publicity sth "4·26" world intellectual property day approaching, High Court published a number of 2010 year, typical cases of intellectual property protection. According to statistics, last year, the City Court of new intellectual property received 800 cases, an increase of 49.81%.
New intellectual property cases in copyright dispute cases received last year, the city court a total of 541 to the new collection and various copyright disputes, the year of the new collection of the intellectual property cases 67.6%, a large part of these cases are cases that involve violation of copyright of the information network. case: cosmetic Advisor with customer list "job hopping" briefs: used to be a beautician for daily-use cosmetics firm in our city. In the course of the firm, a contract with firm, Convention shall maintain the firm's trade secrets. During the work, had a firm grasp of customer files, containing jiangjin, above with Tongnan, name of several beauty shop owner called, beauty products or brands, contact phone, such as the location for short. In October 2009, Zhang left the firm, enter another daily-use cosmetics firm. "Job hopping" post, in accordance with previous "old master" master list of customers, market and sell products.
To this end, the "old master" and is now working on the business divisions of courts. judgment of the Court: a list at the disposal of customers should be regarded as commercial secrets.
After staff left the original units use entity client list without permission constitutes infringement judgment two joint compensation for loss of the plaintiff and the defendant reasonable expenses amount to $ 7,000. judge comments: staff to new units work Hou, if its by master of original units customer list contains Ming information still does not for public knows, and the staff and customer list Shang customer for contact, and marketing products, and for transactions, and and cannot proved customer of legitimate sources, also is not proved customer department based on on staff of personal trust and and new units for transactions, will will was court finds constitute commercial secret infringement. New unit staff if he knows or should know of the infringing act, still use the customer list, should bear joint and several liability of infringement on staff.
