When you leave, do not take source code, client lists, or technical documents; do not upload them to a personal cloud drive; do not reuse them at the next employer

Copyright in code written on the job generally belongs to the company; client lists may also count as trade secrets — taking them is taking the company’s things. A former employee who took security-screening system source code to a new company got 5 years and a 500000 yuan fine; the new company was fined 4000000 yuan. Someone who exploited a system flaw to download over 33000 design files got 1 year 10 months. The company can also sue you separately for damages

Cost

No money spent. Before leaving, delete company materials from your personal computer and cloud drives. The hard part is that some files are ones you wrote line by line, and you hate to let them go

Benefit

Violating confidentiality duties by disclosing trade secrets or using them yourself, when circumstances are serious, brings up to 3 years and a fine concurrently or alone; especially serious cases bring 3 to 10 years plus a fine. The Anti-Unfair Competition Law also lists two acts as infringement: obtaining trade secrets by “electronic intrusion” (technical intrusion into a system); and inducing or helping others to breach confidentiality. Official case: Sun and other former employees took security-screening system source code and core algorithms and used them in a new company’s product. Sun got 5 years and a 500000 yuan fine; the new company was fined 4000000 yuan. Tian exploited a system flaw to download over 33000 design files and got 1 year 10 months plus a 100000 yuan fine. Engineer Yang stored App module source code on a personal computer and in the cloud, then built a similar App after switching jobs, and was prosecuted for infringing trade secrets (nationwide)

Notes

Even “code you wrote yourself” generally has copyright belonging to the company; see item 13 (code written with company resources belongs to the company). Taking it is taking the company’s things. Client lists are business information and may also constitute trade secrets. Besides a criminal sentence, the company can bring a separate civil claim for damages.

Sources · 5

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2. 全国人大常委会 (2025). 反不正当竞争法（2025 年修订，第十条）. spp.gov.cn/spp/fl/202506/t20250627_699862.shtml
3. 最高人民检察院 (2025). 检察机关知识产权保护典型案例（案例七）. spp.gov.cn/xwfbh/wsfbh/202504/t20250423_69369…
4. 最高人民检察院 (2020). 2019 年度检察机关保护知识产权典型案例（案例十六）. spp.gov.cn/xwfbh/wsfbh/202004/t20200425_45962…
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