Are there any compatibility between intangible cultural heritage and trade secret protection
Business secret protection and intangible cultural heritage protection have High degree of fit. The high degree of compatibility between the two is mainly reflected in:
1. All can have multiple rights subjects. The rights subjects of a trade secret can be multiple, and it can be actually possessed by several subjects at the same time. As long as the trade secret is legally owned, it can become its legal subject. The rights holders of intangible cultural heritage are also diverse, usually the group to which the intangible cultural heritage belongs and multiple related groups.
2. The right object can be confidential It is a necessary condition to constitute a trade secret. Trade secrets maintain their value by maintaining the confidentiality of the object of their rights, and thus obtain legal recognition and protection. The rights objects of many intangible cultural heritages are secret. This creates conditions for the protection of trade secrets of many intangible cultural heritages that have secret rights objects.
3. None of them are original.According to the provisions of the TRIPs Agreement, the constituent elements of a trade secret include confidentiality, value and confidentiality. It can be seen that originality is not a necessary condition for a trade secret. If two different entities hold the same business information, it can be protected as a trade secret as long as it is confidential, valuable and confidential. The composition of intangible cultural heritage does not require originality as a necessary condition, so intangible cultural heritage without originality can be protected by trade secrets.
Intangible cultural heritage business secret rights The basic content of
intangible culture The trade secret rights of heritage refer to the legal rights of the legal owner or holder of the trade secrets of intangible cultural heritage based on the confidential information of intangible cultural heritage. The content of intangible cultural heritage trade secret rights includes identity rights, use rights, and income rights.
Identity right intangible cultural heritage business secret identity Rights refer to the right of developers of intangible cultural heritage trade secrets to request confirmation of their identity in developing trade secrets. The identity rights of intangible cultural heritage trade secrets are only enjoyed by developers and cannot be transferred or inherited. Its main content includes: the right holder has the right to mark on the products and their packaging that they manufacture or allow others to manufacture with their own trade secrets; the right holder has the right to sign on trade secret documents, etc. In fact, many intangible cultural heritages have a long history and the developers of their trade secrets are often deceased and cannot enjoy the identity rights of trade secrets.
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