The scope of my country’s trade secrets

The scope of trade secrets, that is, what the trade secrets include. This is a very important issue both in theory and in judicial practice. It is related to what kind of information and in what form of expression can obtain legal protection. According to the provisions of my country’s Anti-Unfair Competition Law, the scope of trade secrets includes technical information and business information.

1. Technical information

Technical secrets are business secrets in a narrow sense, which refer to non-patented technologies that are not known to the public, can bring economic benefits to the enterprise, are practical and have been kept secret by the enterprise. and technical information. ①

Technical secrets first appeared in international economic and trade in the 1960s, and their definition can be found in documents of relevant international organizations. my country's earliest use of technological secrets was in the field of foreign economic and trade. In May 1985, the State Council issued the "Regulations on the Administration of Technology Introduction Contracts" and its "Implementation Rules" stipulating the introduction of proprietary technologies. Proprietary Technology specifically refers to "technical knowledge in manufacturing a certain product or applying a certain process, as well as product design, process flow, formula, quality control and management that has not been disclosed and has not obtained legal protection of industrial property rights."

It is worth mentioning the relationship between technical secrets and non-patented technologies. There is no concept corresponding to "non-patented technology" in the current relevant legal provisions of industrialized countries. This concept is not clearly defined in my country's technology contracts and other laws. When this concept was first used, people generally equated it with technical secrets and thought that the objects they pointed to belonged to the same thing. But in fact, non-patented technology and technical secrets are not the same concept. Non-patented technology refers to the total number of technologies that do not involve patent rights. It includes technologies that are excluded from the scope of patent protection, technologies that have not applied for patents and are kept confidential, and existing technologies that have entered the public domain after the expiration of the patent protection period. Technical secrets are only a part of non-patented technology, and their scope is obviously narrower than non-patented technology. In the technology contract chapter of the Contract Law passed in January 1999, "transfer of non-patented technology" was replaced by "transfer of technology secrets". This change not only reflects the great progress that my country's technology market has gradually matured over the past decade, and the level of technological innovation and technology promotion and application has been greatly improved. It also shows that the scope of protection of technological knowledge in my country has become more certain and clear.

2. Business information

Business information refers to various types of information other than technical information that can bring competitive advantages to the right holder and are used for business operations. ① "Management know-how, customer lists, supply information, production and marketing strategies,

base bids and contents of bid documents in tenders" are all typical and common business information. ② In addition, information related to the operator's finance, investment, procurement, sales, finance, and distribution, such as corporate investment direction, investment plan, product cost and pricing, purchase and sales channels, etc., all fall within the scope of operating information .

Business information and technical secrets, as trade secrets, are experience-based information that can generate economic benefits and bring competitive advantages. There are two main differences between the two: First, technical information focuses on technical knowledge and experience in industry; business information refers to the knowledge and experience in business management of enterprises and undertakings. In addition to industry and manufacturing, it also involves Broad industrial fields such as commerce, service industry, tourism, and finance. Secondly, technical secrets have more obvious property value than business information. It is relatively easy to identify technical secrets, but there are many difficulties in determining the composition conditions and scope of business information.