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1988年10月,辽宁省阜新市某开关厂发明的新产品GFC—15(F)触头全套图纸和模具图160张被窃。经查,图纸是该厂一位应聘的技术副厂长伙同他人在解聘离厂前窃走的。他们以窃取的这些图纸作为出资方式到别的工厂入股,生产并销售这种产品,由此给发明该产品的厂家造成近50万元的经济损失。这种新产品曾获市级科技成果奖,厂家为研制此项产品投入了大量的人力物力财力,这一事件关系到该企业的存亡,那么该厂正在遭到侵害的权益能否受法律的保护?——这就涉及到非专利技术是否受法律保护的问题。 上述案例所提到的新产品及其图纸,就属于一种非专利技术成果。所谓非专利技术,又称技术秘密,或称专有技术(包括技术诀窍),是一种不受专利法保护的技术成果。它与专利技术的主要区别有两点:一是它没有取得专利权,不受专利法保护;二是它具有秘密性(专利技术是公开的),即当非专利技术处于秘密状态时,其技术所有人可以凭借事实上形成的技术优势通过技术转让获取经济利益,但当非专利技术一经泄露,就会丧失其通过转让而可望获取的财产价值,成为任何人都可以自由享用的技术。
In October 1988, a full set of drawings and mold drawings of GFC-15 (F) contacts, a new product invented by a switch factory in Fuxin, Liaoning Province, were stolen. The investigation, the drawings is a candidate deputy director of the plant with other people in the dismissal of the plant before theft stolen. They took these drawings as a means of capital contribution to other factories to acquire shares and produce and sell such products, resulting in an economic loss of nearly 500,000 yuan to the manufacturer who invented the product. This new product has won the municipal science and technology achievement award, the manufacturer invested a lot of manpower, material resources and financial resources for the development of this product, which is related to the survival of the enterprise. So whether the rights and interests infringed by the plant can be affected by law Protection? - This involves the question of whether or not non-patented technology is protected by law. The new products mentioned in the above case and their drawings belong to a non-patent technological achievement. The so-called non-patented technology, also known as technical secrets, or know-how (including know-how), is a technology that is not protected by the patent law. There are two main differences between this technology and the patented technology: one is that it does not acquire the patent right and is not protected by the patent law; the other is that it has secrecy (the patented technology is open). That is, when the non-patented technology is in a secret state, Owners of technology can benefit economically via technology transfer by virtue of their de facto technological advantage, but once the non-patented technology is compromised, it loses the value of the property it desires to acquire through the transfer and becomes a technology that anyone can freely access.