How do companies build a trade secret protection strategy
Although modern enterprises have paid more and more attention to their own intellectual property rights, Protection, however, in more cases, companies only focus on the well-known protection of patents, trademarks, and copyrights, while ignoring the protection of corporate trade secrets that are also in the category of intellectual property and are more important to the company. .
It can be said that for modern people living in the era of knowledge economy For enterprises, trade secrets are the core expression of their corporate wealth and market competitiveness. Enterprises must establish their own trade secret protection mechanisms. To be more precise, enterprises should elevate the protection of trade secrets to the height of corporate development strategy and attach great importance to it. , because in a competitive society with a highly developed economy, losing or leaking corporate trade secrets means devastating subversion of the enterprise.
Enterprises’ strategies for protecting trade secrets should be based on trade secrets Based on the characteristics of the enterprise, comprehensively use management, technology and legal means to build an all-round and multi-level enterprise trade secret protection mechanism. To sum up, the corporate trade secret protection strategy should be deployed in accordance with the idea of determining the scope--system establishment--comprehensive relief.
Strategy 1: Determine the scope
Enterprises should comprehensively analyze the costs incurred due to protection efforts and the economic benefits that may be generated by the protected trade secrets to determine the most appropriate scope of protection.
As a type of intellectual property, trade secrets themselves Characteristics are fundamentally different from patent protection, trademark protection, and copyright protection. At the same time, it is precisely because of this difference that companies have greater choices in how to protect their intellectual property rights. As far as technical information is concerned, if it meets the requirements for patent protection, it can either apply for patent protection or adopt trade secret protection. As for what kind of protection method to choose, it should be treated differently according to the characteristics of the enterprise and the content that needs to be protected, in order to achieve the best protection effect.
Comparing trade secret protection and patent protection, The exclusivity of trade secrets is not generated by any special law, but only exists based on confidentiality measures. Patent rights are directly conferred by the patent law and cannot arise naturally by the actions of the parties; trade secret protection cannot disclose confidential information. , and patent protection must be made public; trade secrets do not have statutory exclusivity, but the patentee’s exclusive rights have statutory exclusive effect; the protection period of trade secrets is not fixed and depends on the confidentiality measures taken by the obligee, and patents The term of protection of rights is fixed and so on.
So, when enterprises determine the protection of intellectual property rights, Various factors such as the differences in protection methods granted by law, the characteristics of secret information, the possible economic benefits of secret information, etc. should be comprehensively considered, and the confidentiality of confidential information of different natures should be considered.Different protective measures can be taken.
Strategy 2: System establishment
The deployment of corporate trade secret protection strategies relies on a scientific and sound confidentiality system for implementation. The following types of trade secret protection methods are for reference.
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