How to identify infringement of trade secrets

In most cases, infringement of other people's Trade secrets has been suspected of criminal offences. At this time, in order to convict and punish the perpetrator, it is necessary to first carry out corresponding identification of the infringement of trade secrets. Regarding how to identify infringement of trade secrets, please follow the editor of Legal Savior Network to learn more below.

How to identify infringement of trade secrets

The identification of infringement of trade secrets is generally based on this concept. First, determine whether the information required to be protected is Belongs to the category of trade secrets. This point mainly starts from the constitutive conditions. Trade secrets are secrets in a certain sense, that is,

(1) The exact embodiment or combination of its entirety or content is not generally known or easily accessible to those who usually engage in relevant information work;

(2) It has commercial value because it is secret;

(3) The person who legally controls the information has taken reasonable measures based on the relevant circumstances to keep it confidential.

Emphasize the innovation and value of trade secrets in practice Sex and secrecy.

Innovation means that the trade secret has not actually been known to the public or has not entered the public domain and has a certain degree of creativity and novelty; value means that the trade secret can bring benefits to the right holder. Have economic value;

Secretity, yes It means that the owner of the trade secret has taken corresponding confidentiality measures.

Confidentiality measures can take many forms, such as strictly limiting the list of people who know business secrets and narrowing the scope of knowledge; formulating corporate confidentiality rules, or stipulating confidentiality clauses in employee codes; or signing between the company and its employees Confidentiality agreements; or strictly restricting non-relevant personnel from entering and exiting places with trade secrets, strengthening door guards and monitoring measures, etc. These are confidentiality measures commonly taken by rights holders. These must be proven by the plaintiff's burden of proof.

Once the information required to be protected is identified as a trade secret, any violation of the "Anti-Unfair Competition Law" is an illegal infringement of trade secrets:

(1) Obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means;

(2) Disclose, use or allow others to use the means in the preceding paragraph to obtain The trade secrets of the right holder;

(3) Violate the agreement or violate the obligee's requirement to keep commercial secrets, disclose, use or allow others to use the trade secrets in their possession.

The third party knowingly or should have known what is mentioned in the preceding paragraph Committing illegal acts, obtaining, using or disclosing other people's trade secrets shall be regarded as infringement of trade secrets.

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