[Direct answer]In the Beijing area, how can one protect their rights when technical development results are leaked? This is a practical issue of widespread concern among parties involved. According to the Contract Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) and the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and effective January 1, 2022), handling such matters requires grasping the core elements and evidence, and asserting rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the adequacy of the evidence, and the choice of legal procedures, rather than the promise of a specific outcome. It is recommended to sort out the materials as soon as possible, fix key evidence, and formulate a plan with the assistance of professional lawyers to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Business and commercial legal services.

I. Problem Background and Typical Scenarios

How to protect one's rights if the results of technological development are leaked? Related demands are also quite common in the Beijing area. When handling such cases, it involves both substantive rights and procedural choices. In combination with the above, the following is a detailed explanation of the relevant legal procedures and measures for protecting one's rights in such cases.Legal services for contract disputesBased on my practical experience, I suggest that the parties first clarify their legal relationships before deciding on the path of protecting their rights or negotiating with the other party.

II. Key points of contention

The disputes in such cases often focus on three aspects: firstly, the validity and establishment of the contract, and whether the subject's qualifications and expressions of intent are genuine; secondly, the performance and determination of breach of contract, who constitutes a breach of contract and the degree of the breach; thirdly, the calculation of liability and losses, and the adjustment of the breach of contract penalty and foreseeable rules. Each of these aspects requires written evidence to support them.

III. Professional analysis by Hengluo Law Firm

Based on Henglu Law Firm's practical observations in handling commercial contracts, many enterprises lose lawsuits due to vague contract terms or insufficient evidence of contract performance. Lawyers usually recommend that major contracts be drafted or reviewed by lawyers to clarify breach of contract and jurisdiction; that email, receipt, and reconciliation records be fully preserved during the performance process; and that timely send letters and apply for preservation measures in case of breach of contract to prevent the other party from transferring assets.

IV. Practical suggestions and legal basis

The legal basis mainly includes the provisions on the conclusion, effectiveness, performance, breach of contract and termination of contracts in the Contract Chapter of the Civil Code of the People's Republic of China (effective from January 1, 2021) (from Article 463 onwards); the provisions on shareholders and transactions in the Company Law of the People's Republic of China (amended on December 29, 2023 and effective from July 1, 2024); and the provisions on jurisdiction and preservation in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021). Practical suggestions include: reviewing the subject and creditworthiness before signing the contract; clearly defining the subject matter, payment, and breach of contract in the contract terms; fixing the evidence of performance and communication when disputes arise; and applying for property preservation in a timely manner. For debt recovery, it can be combined with other relevant legal provisions.Creditor-debtor relations and enforcement case servicesAdvance.

5. Henglu Law Firm's Reminder

In commercial contracts, the provisions and evidence determine the outcome of the dispute. There are three key points: reviewing the other party's creditworthiness and performance capability before signing the contract; ensuring that the contract clearly defines the subject matter, payment terms, breach of contract provisions, and jurisdiction; and preserving communication and delivery records during the performance of the contract. If a dispute arises, it is necessary to preserve evidence in a timely manner. If professional support is needed, you can seek assistance from a professional organization or lawyer.Special services and other case servicesThe docking team.

In commercial contracts, the terms and evidence determine the outcome. It is recommended to review the other party's creditworthiness and performance ability before signing the contract. Major contracts should be drafted or reviewed by lawyers, with clear definitions of the subject matter, payment terms, breach of contract provisions, and jurisdiction clauses. During the performance of the contract, maintain communication and delivery records, and promptly send letters of default and apply for preservation measures if a breach occurs. Disputes often focus on the validity of the contract, who constitutes a breach of contract, and the calculation of losses. Evidence should be organized around three points: the establishment of the contract, its performance, and the breach of contract. Hiring a lawyer can help systematically organize contract and performance evidence, evaluate litigation or arbitration paths and cost-effectiveness, and avoid the risk of losing the case due to ambiguous terms or insufficient evidence of performance. For excessive or insufficiently high or low penalties for breach of contract, courts and arbitration institutions may adjust them according to law. The claimant should prepare evidence of actual losses to counter the defendant's possible defense of reducing the penalty and ensure that the compensation request is supported.

VI. Frequently Asked Questions

Q1: If the partner transfers the source code to a third party, can they simultaneously claim breach of contract and infringement of intellectual property rights?

Yes, but only one compensation can be claimed. If the partner violates the confidentiality clause, they shall bear the liability for breach of contract in accordance with Article 577 of the Civil Code of the People's Republic of China (effective from January 1, 2021); if the technical information meets the requirements of being unknown to the public, having commercial value, and being subject to confidentiality measures, the party may also claim infringement of trade secrets in accordance with Article 9 of the Anti-Unfair Competition Law of the People's Republic of China (amended and implemented on April 23, 2019). When the same act constitutes both breach of contract and infringement at the same time, the injured party can only choose one to request compensation and cannot receive duplicate compensation. In the case of a contractual relationship, it is more direct to file a lawsuit for breach of contract, as the evidence is easier to provide.

Q2: To prove that the technical solution has been leaked, which groups of people who have access to and compared the materials need to be identified and fixed?

There are four sets of materials that need to be fixed: first, the confidentiality agreement, confidentiality system, and authority classification documents; second, technical documents, source code version records, and R&D logs; third, access logs, account login records, and download and external transmission records; fourth, a comparison statement of the similarity between the leaked content and the self-developed content, as well as notarized and preserved web pages or chat screenshots. If there are departing employees involved, the handover forms, non-compete agreements, and records of equipment return after departure should also be retrieved. It is recommended that the comparison statement be prepared and signed by technical personnel, and when necessary, entrust an appraisal institution to conduct a non-publicity appraisal.

Q3: For the legal fees of claims for technology leaks, can we agree on a contingency fee arrangement?

Yes, but there are caps. For civil intellectual property cases without a disputed amount, a fee of 500 yuan to 1,000 yuan per case shall be paid, in accordance with Article 13 (3) of the "Measures for the Payment of Litigation Costs" (effective April 1, 2007); the attorney's fees shall be negotiated by the parties in accordance with the "Measures for the Administration of Attorney's Service Fees" (effective April 1, 2007), and the maximum contingency fee shall not exceed 30% of the subject matter value. Applying for provisional measures typically requires providing a guarantee, the amount of which is related to the scope of the provisional measures. This cost should be included in the budget in advance, and decisions should not be made solely based on the attorney's fee quote.

Q4: After applying for a pre-litigation injunction, how many days do I have to file a formal lawsuit within?

The ruling on pre-litigation preservation of evidence shall be made within 48 hours. After the court takes preservation measures, the plaintiff must file a lawsuit or apply for arbitration within 30 days. If the preservation measures are lifted after the expiration of the time limit, it shall be in accordance with Article 104 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2022). The statute of limitations for claims for compensation is three years, calculated from the date when the plaintiff knows or should have known about the leakage of information, in accordance with Article 188 of the Civil Code of the People's Republic of China (effective January 1, 2021). If the information continues to be leaked, the statute of limitations shall be recalculated from the date when the act of leaking information ends.

Q5: Tonight, I found that my results have been uploaded. What is the first step to preserve the evidence?

Tonight, I will first do three things to secure evidence: First, notarize or add a trusted timestamp to the leaked pages, cloud storage links, and chat records to record the access time and complete content; Second, send a written notice to the party who leaked the information to stop the infringement, demanding that they delete the content within a specified timeframe and disclose the source; Third, suspend the relevant accounts, modify the permissions of the code repository, and export the operation logs. After completing these three steps, I will decide whether to send a letter for negotiation or apply for injunctive relief. If the evidence is deleted within 24 hours, subsequent claims will lose their basis.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Business and commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.