What are the legal protection provisions for trade secrets?

Trade secrets are also an asset belonging to the enterprise, an intangible asset, and the core competitiveness of the enterprise. If a company's Trade secrets are leaked and stolen and used by competitors, it will cause immeasurable losses to the company. What are the legal protections for trade secrets? If you don’t know the relevant legal knowledge and don’t know what to do, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network.

What are the legal protection provisions for trade secrets

Therefore, many laws in our country have clear provisions on trade secrets , according to the "Constitution of the People's Republic of China" and the "Anti-Unfair Competition Law" and other relevant provisions:

1. Employees shall not use the business secrets of the enterprise (company) to carry out personal profit-making activities during the duration of the labor contract or for a period of time after the labor contract is terminated or terminated.

2. If it is not in accordance with the relevant provisions of the law or Before the enterprise agrees, it shall not disclose, use or allow others to use the relevant enterprise trade secrets for profit without authorization.

From this we can find that the protection of trade secrets is more Most of them emphasize workers’ confidentiality obligations or confidentiality responsibilities.

"Anti-Unfair Competition Law of the People's Republic of China"

Article 9 Operators shall not commit the following acts of infringement of trade secrets:

(1) Obtain the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(2) Disclose, use or allow others to use the rights holder obtained by the means mentioned in the preceding paragraph Trade secrets;

(3) Breach of confidentiality obligations or Violate the right holder’s requirements for keeping trade secrets, disclose, use or allow others to use the trade secrets in his possession;

(4) Instigate, induce, or help others to violate confidentiality obligations or violate the obligee's requirements for keeping business secrets, obtain, disclose, use, or allow others to use the obligee's business Secret.

Other natural persons and legal persons other than operators Any person who commits illegal acts listed in the preceding paragraph with an unincorporated organization shall be deemed to have infringed upon business secrets.

The third party knows or should know that the employee, former employee or other unit or individual of the right holder of the trade secret implements this articleAnyone who commits the illegal acts listed in paragraph 1 and still obtains, discloses, uses or allows others to use the trade secret shall be deemed to have infringed the trade secret.

Trade secrets referred to in this Law refer to Technical information, business information and other commercial information that is not known to the public, has commercial value and the rights holder has taken corresponding confidentiality measures.

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