What are the secrets of corporate trade secret protection
Trade secret protection can be divided into four categories, the first category is civil law The protection of trade secrets is referred to as civil law protection; the second category is the protection of trade secrets by labor law, referred to as labor law protection; the third category is the protection of trade secrets by administrative law, referred to as administrative law protection; the fourth category is the protection of trade secrets by criminal law. The protection of trade secrets is referred to as criminal law protection. It is an act for an enterprise to establish an internal trade secret protection system, and the protection provisions of civil law and labor law are mainly applicable. Protection under administrative law and criminal law mainly involves inaction, that is, enterprises have the legal obligation not to infringe other people's trade secrets, and in order to (or engage in) infringement of other people's trade secrets, generally it cannot be used as a basis for enterprises to establish a trade secret protection system. basis.
Foreign economic exchanges are a necessary condition for the survival and development of enterprises. Without foreign exchanges, transactions would be impossible. The purpose of an enterprise as a profit-making organization cannot be realized. Therefore, economic exchanges between enterprises and other enterprises, organizations and individuals are inevitable requirements of the market economy. But precisely because of the existence of contacts, there is also the risk of commercial secrets being leaked. The most effective legal means to overcome this risk is to sign a contract, that is, no matter what kind of communication you engage in, as long as there is a possibility of corporate trade secrets being leaked, you must sign a trade secret protection contract. Contract protection is the main means of civil law protection. Here are several main contract system protection methods for enterprise reference.
1. Cooperation development contract. It refers to a contract entered into between the parties regarding the joint development of technical secrets. The technical secrets developed under the contract shall be shared by all parties involved in the joint development, unless otherwise agreed in the contract. Therefore, all parties sharing the same shall have the obligation to keep the technical secrets.
2. Commissioned development contract. It refers to a contract in which one party entrusts the other party to conduct research and development of technical secrets. The technical secrets completed by entrusted development shall belong to the researcher and developer, that is, the trustee, unless otherwise agreed in the contract. Therefore, it is recommended to stipulate in the contract that the developed technical secrets belong to the client, and the trustee has the obligation to keep them confidential.
3. Technology secret transfer contract. It refers to a contract in which the right holder of the technical secret results or his authorized person provides the technical secret to the transferee as the transferor, clarifies the right to use and transfer the technical secret results, and the transferee pays the price or royalties. . Licensing methods include exclusive license, exclusive license, general license, cross license, sub-license and mixed license. No matter what type of license is signed, the licensor and the licensee must sign a confidentiality contract, or clearly agree on confidentiality clauses in the license contract.
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