What are the problems and countermeasures in trade secret protection
Currently, in terms of trade secret protection, Chinese enterprises mainly have Issues in the following aspects:
1. Law The regulations are too scattered and not very operable
2. Enterprises have a weak concept of protecting trade secrets and a weak awareness of protection
With the development of the socialist market economy, the market competition mechanism plays an increasingly important role. However, the ideological concepts of some enterprises are still stuck in the planned economic system stage, with weak legal concepts, lax management, and failure to realize the actual and potential value of trade secrets in the market economy. They only know that there are state secrets within the company that need to be protected, but they don’t know that the company’s own technical information and business information also need to be protected, and they don’t pay due attention to business secrets as an intangible asset. Many enterprises feel that they have no business secrets to protect, or believe that backward things do not need to be protected, and lack the awareness to protect business secrets. Many enterprises and institutions arbitrarily leak or even provide my country's business secrets to foreign companies for free.
3. The enterprise’s system for protecting trade secrets is not specific and the measures are ineffective. The level is not high
Although some companies realize that their company Some of their technologies and information are trade secrets, but no effective protection measures have been taken; although some companies have formulated confidentiality measures, they are in name only and are not fully implemented. The protection of trade secrets generally uses administrative means, and rarely uses economic, educational, and Legal and technical means. In the talent flow of enterprises, some employees still possess the company's vital business secrets after leaving the company. Although they have signed confidentiality contracts, leaks of secrets often occur after employees leave the company, especially in some companies with high technical content. The phenomenon of keeping trade secrets is extremely common. Although companies can hold employees responsible for leaking secrets based on confidentiality agreements, the damage caused by the leakage of trade secrets is irreparable. In addition, foreign "industrial espionage" has also extended its black hands to our country's large and small enterprises and tried every means to steal the trade secrets of our country's enterprises, causing some enterprises to lose their international competitive advantage.
4. The scope of confidentiality is unclear and the protected content is relatively unclear. Ambiguity
Enterprises are prone to appear in the scope of trade secret protection Two tendencies. There is a tendency to keep confidentiality too narrow. Many companies are very aware of the principle that "science and technology are the primary productive forces". They attach great importance to the protection of technical information but despise the protection of business information, leaving business information secrets poorly managed.
Countermeasures for trade secret protection
In today's era of economic globalization and increasingly fierce market competition, protecting trade secrets is necessary to protect the legitimate rights and interests of trade secret owners and to maintain fair competition. The need for a market economic order is to promote international economic and technological cooperation and exchanges and to promote my country's intellectual property legal protection to be in line with international standards.
1. Formulate a special "Trade Secrets Protection Law" 》, improve the market economy legal system
2. Strengthen Publicity and education on the rule of law to improve employees’ awareness of trade secret protection
A market economy is also a legal economy, and enterprises must operate and manage in accordance with the law. Enterprises should insist on providing socialist legal education to all employees and enhance employees' awareness of law-abiding and legal concepts. Strengthen the construction of professional ethics and corporate culture, so that confidential personnel can establish a sense of dedication and dedication, so that all employees can truly realize that they are the owners of the company, and thus consciously safeguard the company's business secrets.
3. Establish a complete business secret management rules and regulations , effectively safeguard the security of corporate trade secrets
in the world Most companies regard trade secrets as their own lives and strictly protect them. The Coca-Cola Company of the United States has a famous motto: "Keep the secret and keep the market." Because trade secrets not only contain great commercial value, but also bear extremely high costs. High investment risk.
4. Legal protection when corporate trade secrets are infringed
Trade secret infringement refers to the act of obtaining, disclosing, and using other people's trade secrets by improper means. According to the provisions of our country's current laws, there are three main ways to protect trade secrets from infringement: First , civil law remedies. Civil liability for infringement of trade secrets includes two types: the party who violates the confidentiality agreement bears breach of contract liability, or the infringer who infringes the trade secret bears tort liability.
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