1. What are the specific acts of infringement of trade secrets
1. Obtain the right holder's business secrets through theft, inducement, coercion or other unfair means. The so-called theft of trade secrets includes theft by internal personnel of the unit, theft by external personnel, theft by internal and external collusion, etc.; the so-called obtaining of trade secrets by inducements usually refers to the perpetrator providing property or other preferential conditions to the person who possesses the trade secrets to induce them to The actor provides trade secrets; obtaining trade secrets by coercion means that the actor uses threats and coercion to make others provide trade secrets under compulsion; the so-called obtaining trade secrets by other improper means refers to the above-mentioned behaviors other illegal means.
2. Disclose, use or allow others to obtain trade secrets through improper means. The so-called disclosure refers to disclosing the right holder's trade secrets to a third party or to unspecified other persons, so that they lose their confidentiality value; the so-called use or allowing others to use refers to the specific circumstances of illegal use of other people's trade secrets. It should be pointed out that if an actor obtains a trade secret by illegal means and then discloses or uses the secret, it will constitute double infringement; if a third party learns the trade secret from the infringer and discloses or uses the secret, the same shall apply. constitute infringement.
3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. The person who legally possesses the trade secret may be the other party who has a contractual relationship with the obligee, or may be a staff member or other insider of the obligee's unit. The above-mentioned perpetrator violates the confidentiality obligations stipulated in the contract or the unit and misappropriates the information. Disclosing a trade secret without authorization, using it yourself, or allowing others to use it constitutes infringement of trade secrets.
4. The third party still obtains, uses or discloses the trade secrets of others from the infringer even though he knows or should know about the aforementioned illegal acts. This is an indirect infringement. The perpetrator knows that it is someone else's trade secret, and knows or should have known that it is infringement of a trade secret, but still obtains, uses, and discloses the secret. Therefore, the law also treats this behavior as a trade secret infringement.Acts of secrecy are treated.
5. Legal basis: "Anti-Unfair Competition Law" Article 10, operators conduct relevant The following situations shall not exist in prize sales:
(1) The types of prizes, prize redemption conditions, prize amounts, or prize sales information such as prizes shall not Clear, affecting the redemption of prizes;
(2) Selling prizes by falsely claiming prizes or deliberately allowing designated personnel to win prizes;
(3) Lottery-style sales with prizes, the maximum prize amount exceeds 50,000 yuan.
2. What information does not belong to trade secrets?
1. Patent. 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 the technical solutions of all patents (except special patents) 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 it be profitable. 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. For products that can be deciphered by reverse engineering, companies are best protected by applying for patents.
3. Common business information or business skills in the industry. For common business information and business skills in the industry, it may cost the enterprise a lot of energy, financial resources and time to obtain this information and skills, but this information and skills should also be known to most people in the industry and cannot be protected, so There is no need to keep it as a trade secret, such as some uncharacteristic customer lists, etc.
4. Commercial information obtained through illegal means. From the definition of trade secrets, only the parties themselves know the contents. Therefore, whether the case involves trade secrets only depends on the parties themselves.I know. Cases of non-public cross-examination include those involving state secrets. Of course, even if no party applies to the case, the court must decide not to open the cross-examination ex officio. Trade secrets are the property rights of an enterprise. They are related to the competitiveness of the enterprise, are crucial to the development of the enterprise, and some even directly affect the survival of the enterprise.
The so-called theft of trade secrets includes theft by internal personnel of the unit, theft by external personnel, theft by internal and external collusion, etc.; the so-called obtaining of trade secrets by inducement usually refers to the perpetrators Providing property or other preferential conditions to persons who possess trade secrets to induce them to provide trade secrets to the perpetrator; obtaining trade secrets by coercion means that the perpetrator uses threats and coercion to make others provide the trade secrets under compulsion. Trade secrets; the so-called obtaining trade secrets by other improper means refers to other illegal means other than the above-mentioned acts. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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