What constitutes infringement of trade secrets?

Obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means. 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. Regarding the questions about the infringement of trade secrets, the editor of Legal Savior Network will give you detailed answers below.

1. What are the types of infringement of trade secrets

1 , Obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means.

2. Disclose, use or allow others to obtain trade secrets through improper means.

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.

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.

5. 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.

Other natural persons, legal persons and illegal entities other than operatorsAny organization that commits illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.

The third party knowingly or should have known that an employee, former employee or other unit or individual of the right holder of a trade secret has committed an illegal act listed in paragraph 1 of this article, still obtains , 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. Not a trade secret What does the information include

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 defense patents) are public, it is impossible for patents to become trade secrets, or in other words, 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.

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, so only the parties themselves know whether the case involves trade secrets. 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.

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