Life sciences & healthcare legal cluster: Hub · Dawn raid · VBP · Hospital AR · Exclusive agency · HGR · Trial injury · CRO/CDMO · Device liability · Labeling · SaMD · Patent linkage · License · FDA WL · MDR/IVDR · Internet hospital · Trade secrets · Pharma ads · Device distribution · Sources · Checklist
What to protect (beyond “confidential” stamps)
- Molecule/process recipes, cell-line genealogy, formulation and scale-up parameters.
- Clinical and nonclinical datasets, protocol design choices, and failed experiments.
- Device source code, hardware drawings, and verification protocols.
- Customer hospital lists and tender pricing models where secrecy is maintained in fact—not only on paper.
R&D director / scientist exit protocol
- Trigger access cut-off the day notice is given—not after the farewell dinner.
- Forensic image of assigned devices; preserve cloud drive and enterprise chat under counsel direction.
- Inventory notebooks, cell banks, and USB exceptions; obtain written certifications of return.
- Interview teammates on unusual downloads or “personal project” transfers in the prior 90 days.
- Compare new employer’s pipeline announcements to your secret set—without illegal competitive intelligence methods.
Non-compete (竞业限制) economics
Post-employment non-competes for key R&D staff are only as strong as statutory form, compensation practice, and scope reasonableness. Underpay or overbroad geography/job scope and enforcement weakens. Align non-compete design with garden-leave options and trade-secret injunction strategy—non-compete is not a substitute for secrecy hygiene.
Civil claim themes
- Prove secrecy measures (access control, NDAs, compartmentalisation)—stamps alone fail.
- Prove defendant obtained and used the secret (source code diff, process fingerprint, customer conversion timeline).
- Damages models: R&D cost, unjust enrichment, or licence analogy—document valuation early.
- Preliminary measures to stop ongoing use while the case proceeds.
Criminal overlay
Serious trade-secret theft can engage public-security tracks when thresholds and intent align. Dual-track strategy needs careful sequencing so criminal filing does not destroy civil evidence control—or vice versa. Coordinate with specialised IP counsel before any public accusation.
Device software & drawings
Source code and hardware drawings often sit at the intersection of copyright, trade secret, and patent. Appraisal institutes and reverse-engineering experts become critical. Keep build servers and Git history under company control with named accounts—no shared “admin” logins.
Vendor & CRO leakage
CDMO/CRO staff and seconded consultants are frequent vectors. Flow-down secrecy, audit rights, and hire-away clauses in CRO/CDMO contracts; pair with licence data rooms that watermark and log downloads.
Related
Patent linkage · Trade-secret practice pages on this site · Hub
FAQ · 高频检索问题
Chinese long-tail intents mapped to this guide (orientation only).
研发总监跳槽带走管线如何立案？
竞业限制补偿金怎么定才有效？
源代码侵权如何鉴定？
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