Law to Business How are secrets protected
There is currently no trade secret law in our country. Only the Anti-Unfair Competition Law, Criminal Law, Labor Law and relevant judicial interpretations protect trade secrets. The specific contents are as follows:
According to the Anti-Unfair Competition Law, trade secrets refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
State Administration for Industry and Commerce's "About Prohibition of Infringement of Commercial Intrusions" "Several Provisions on Secret Acts (Amendment)" stipulates: Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and the right holder has taken confidentiality measures. The term “not known to the public” in these regulations means that the information cannot be obtained directly from public channels. The term "can bring economic benefits to the right holder and be practical" as mentioned in these regulations means that the information has certain applicability and can bring actual or potential economic benefits or competitive advantages to the right holder. The rights holders referred to in these regulations take confidentiality measures, including entering into confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures.
Article 9 of the Anti-Unfair Competition Law stipulates that operators shall not use the following means to infringe on business secrets: (1) ) Obtain the right holder’s business secrets through theft, inducement, coercion or other improper means; (2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the preceding paragraph; (3) Violate the agreement or violate the rights holder’s relevant laws and regulations; The requirement to keep trade secrets is to disclose, use or allow others to use the trade secrets in their possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the trade secrets of others, it shall be deemed as infringement of trade secrets.
The trade secrets referred to in this article refer to information that is not Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
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