1. What are the manifestations of infringement of trade secrets
1. Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means; disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph; violating confidentiality obligations or violating the right holder’s business confidentiality regulations; Acts such as requesting confidentiality, disclosing, using or allowing others to use the trade secrets in their possession are manifestations of infringement of trade secrets.
2. Legal basis: "Anti-Unfair Competition Law of the People's Republic of China"
Art. Article 9 Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining through theft, bribery, fraud, coercion, electronic intrusion or other improper means The right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the preceding paragraph.
2. What information does not belong to trade secrets?
Things that cannot or should not become corporate trade secrets are:
1. Patents.
Trade secrets are required not to be known to the public. The prerequisite for patent authorization is disclosure. Only the technical solution of the patent can be protected. Since all patented technical solutions are public, patents cannot become trade secrets, or patents and trade secrets are mortal enemies.
2. Products that can be deciphered by reverse engineering.
After a product is developed, it must be pushed to the market. Only by pushing it to the market can profits be made. After being launched on the market, even if confidentiality is maintained, if the technical solution of the product can be deciphered through reverse engineering, it is not illegal for others to obtain trade secrets in this way.
3. Common business information or business skills in the industry.
For common business information and business skills in the industry, companies may have spent a lot of energy, financial resources and time to obtain this information and skills, but this information and techniques should also be known to most people in the industry and cannot be protected, so there is no need to keep them as trade secrets.
4. Commercial information obtained through illegal means.
According to the regulations, obtains the rights holder’s business through theft, inducement, coercion or other unfair means. secret. Disclose, use or allow others to obtain trade secrets through improper means. Violate the agreement or the obligee's requirement to keep trade secrets, disclose, use or allow others to use the trade secrets in his possession. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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