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由于公司高管管理公司事务,往往知悉公司的商业秘密,因此与一般员工相比,高管侵犯商业秘密的法律责任更为严格和复杂。高管违反法定竞业限制义务侵犯商业秘密会产生法定责任与侵权责任。这两种法律任既相互联系又有所区别,公司有权结合案件情况主张高管承担归入责任,并以侵犯商业秘密为由追究其损害赔偿责任。
Because corporate executives manage corporate affairs and are often aware of the company’s trade secrets, the legal liability of senior executives for infringing trade secrets is stricter and more complex than that of the average employee. Violation of statutory restrictions on the industry and commerce executives violate commercial secrets will have legal liability and tort liability. Both laws are interconnected and differentiated. The company has the right to claim that top management should be held responsible for the case in the light of the circumstances of the case, and its liability for damages should be investigated on the ground of infringement of trade secrets.