How to design a trade secret protection plan
1. Specify the content of the trade secret.
This work is not only for the efficiency of the enterprise itself, Enable the company's non-commercial secret information to be transmitted within the company in a flexible, convenient and fast way, which is also to ensure the accuracy of trade secret protection and increase the protection of trade secrets that truly involve the vital interests of the company. In practice, some companies arbitrarily declare information that they do not want others to know as trade secrets, regardless of whether it contains unknown content. The result of this approach is to subjectively expand the scope of protection and restrict the freedom of employees. , which only increases disputes and worries; of course, some companies cannot take necessary confidentiality measures because they do not know their secrets.
To this end, enterprises should conduct regular or irregular inspections Summarize and organize corporate information to determine what the company should really include in trade secret protection.
2. Ideological protection of corporate trade secrets—specific statements.
Information content that should be protected as trade secrets. Some companies often take it for granted that certain types of information content are trade secrets and do not take any measures to protect them. Necessary measures are taken to protect it, and as a result, no legal remedy can be obtained after the secret is leaked.
Specified statement, as a sign that an enterprise claims a trade secret, refers to a certain way in which an enterprise declares that a certain piece of its technology or business information is a trade secret. This statement must be specific. It can be as specific as All the information content related to a certain technology or a certain transaction of an enterprise can also be specified to the core content of a certain technology or a certain transaction. It can be seen that the specificization here is relative, but in any case, If it is not specified, it cannot be considered that the company has trade secrets and has taken necessary confidentiality measures for the trade secrets. For example, some companies have general confidentiality clauses or provisions in the labor contract with employees and the company's management system, but when When a dispute occurs, the court will not consider that the company has taken confidentiality measures. Because these terms alone cannot be considered that the company has told employees what the specific trade secrets are, leaving employees at a loss.
Specified statements of corporate trade secrets can be made in the following ways:
1.1. In the confidentiality clause of the labor contract, combined with the actual situation of the enterprise, state and list in detail the enterprise’s Trade secret matters;
1.2. Specially formulated labor codes or Confidentiality code or similar related system, declare and list the company's business secret matters. When using this method, attention should be paid to the records that employees have actually seen or learned about the provisions of the system;
1.3. Put trade secret signs or warnings on carriers of trade secret content or information;
Under China's current trade secret protection system, due to reasons such as the size of the enterprise, the level of corporate management and the company's own awareness of trade secrets, among the above methods, companies choose more Most of them are 1.1 and 1.2 methods.
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