What are the types of trade secrets?

1. Technical information; 2. Business information; generally includes two categories: 1) confidential markets and business intelligence or information closely related to the market, 2) business management methods and materials and information related to business management methods. So for the question of what types of trade secrets there are, the editor of Legal Savior Network will answer the relevant content for you below.

1. What are the types of trade secrets

1. According to China's " According to the provisions of the Anti-Unfair Competition Law and the "Several Provisions on Prohibiting the Infringement of Trade Secrets" issued by the State Administration for Industry and Commerce, trade secrets are divided into the following three basic types. The concepts and differences are as follows:

(1) Technical information:

Technical information refers to the experiments, production, assembly, and Certain technical achievements summarized or discovered during maintenance and operation do not enjoy general intellectual property protection, especially patent protection.

For example: information, software, etc.

(2) Business information;

Generally includes two categories:

1) Markets of a confidential nature and business intelligence or information closely related to the market.

For example, raw material prices, sales markets, and bid bases and content of tender documents, as well as supply and marketing channels, customer lists, production and marketing strategies, etc.

2) Business management methods and materials and information related to business management methods, generally refers to the reasonable and effective management of mutual cooperation and collaboration between various departments and industries , the secret to making production and management run organically.

(3) Management secrets refer to the secrets of organizational production and operation management, especially the reasonable and effective management of mutual cooperation and collaboration between various departments and industries, Empirical information that enables production and operations to operate effectively, such as management models, public skills, etc. Among them, know-how is the result of technological innovation, or even invention, which is the result of the intellectual labor and time of the creator. At the same time, some countries include management secrets into technical secrets or operating secrets.It is not regarded as a separate category among 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) Obtain 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;

(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession;

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

Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.

, disclose, use or allow others to use the trade secret, it shall be deemed as a trade secret infringement.

Trade secrets as mentioned in this Law refer to technical information and business information that are not known to the public, have commercial value, and for which the obligee has taken appropriate confidentiality measures. and other business information.

2. When is a trade secret appraisal required?

When parties or the court have disputes over trade secrets, an authoritative and neutral third-party agency is required to conduct appraisals to determine the attributes of the trade secrets. The object of entrusted appraisal should be factual issues, not legal issues. The Anti-Unfair Competition Law has provisions for determining whether a certain piece of information constitutes a trade secret, and also analyzes the elements that constitute a trade secret. Therefore, "whether a certain piece of information constitutes a trade secret" is a "legal issue" rather than a "factual matter". "question" should not be used in forensic identificationConsider this a matter of commissioned appraisal. However, it stipulates whether the three elements constituting a trade secret are "factual issues" that can be entrusted with identification and are "not known to the public", and the specific manifestations of this element are classified. Therefore, "whether a certain piece of information is not known to the public" Becoming known to the public” has also become a “legal issue”.

We can understand that according to regulations, the types of trade secrets include several aspects, including theft, bribery, fraud, coercion, electronic intrusion or other improper It is illegal to obtain the trade secrets of the right holder through legitimate means. 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.