Is it not unfair competition to obtain trade secrets through self-development or reverse engineering?

Obtaining the Trade secrets of other businesses through improper means is a common act of unfair competition. Is it not unfair competition to obtain trade secrets through self-research and development or reverse engineering? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Obtaining trade secrets through self-development or reverse engineering does not constitute unfair competition

Through self-development or reverse Obtaining trade secrets from a project does not constitute unfair competition.

"On the application of laws in the trial of civil cases of unfair competition" Interpretation of Certain Issues" clearly stipulates for the first time that trade secrets obtained through self-development or reverse engineering shall not be considered as infringement of trade secrets under the relevant provisions of the Anti-Unfair Competition Law.

A judicial interpretation also stipulates that reverse engineering is It refers to obtaining relevant technical information about the product by disassembling, mapping, analyzing, etc. the product obtained from public channels through technical means. If a party obtains the business secrets of others through improper means and then claims that the acquisition is legal on the grounds of reverse engineering, this will not be supported.

China's current Anti-Unfair Competition Law regards the infringement of trade secrets by unfair means as a type of unfair competition behavior, and clearly stipulates that "trade secrets refer to information that is not known to the public and can be used by the right holder. Technical information and business information that can generate economic benefits, are practical and the right holder has taken confidentiality measures."

The judicial interpretation of the Supreme People's Court specifically defines the above terms:

——Relevant information is not generally known and easily accessible to relevant personnel in the field Obtained, it should be deemed as "not known to the public" as stipulated in the relevant provisions of the Anti-Unfair Competition Law.

——The relevant information has actual or potential If the commercial value can bring competitive advantage to the right holder, it should be determined as "being able to bring economic benefits to the right holder and being practical" as stipulated in the relevant provisions of the Anti-Unfair Competition Law.

——The rights holder takes to prevent information leakage Reasonable protection measures that are commensurate with its commercial value and other specific circumstances shall be recognized as "confidential measures" stipulated in the relevant provisions of the Anti-Unfair Competition Law.

——Customer list in trade secrets, generally It refers to special customer information that is different from relevant public information consisting of the customer's name, address, contact information, transaction habits, intentions, and content, etc., including customer lists that bring together many customers, as well as specific customers who maintain long-term and stable trading relationships. If a customer conducts market transactions with the employee's unit based on personal trust in the employee, and after the employee leaves the company, if it can be proven that the customer voluntarily chose to conduct market transactions with himself or his new unit, it shall be deemed that no unfair means were used, but the employee and the original unit Unless otherwise agreed.

——Determining the provisions of the Anti-Unfair Competition Law The amount of damages for infringement of trade secrets can be determined by reference to the damages for infringement of patent rights.method of compensation for damages. If a trade secret has become known to the public due to infringement, the amount of damages shall be determined based on the commercial value of the trade secret. The commercial value of a trade secret is determined based on factors such as its research and development costs, the income from implementing the trade secret, the benefits available, and the time it can maintain a competitive advantage.

If there are problems that need to be communicated and resolved, if the content is If you are not sure and want to know more, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.