1. What does infringement of trade secrets include?
1. Stealing , inducement, coercion or other unfair means to obtain the business secrets of the right holder. 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 acquisition 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 acquire the trade secrets. The actor provides business secrets; the so-called obtaining business secrets by coercion means that the actor uses threats and coercion to make others provide business secrets under compulsion; the so-called obtaining business secrets by other improper means refers to the above-mentioned behaviors other illegal means. For example, extorting and spying on other people's business secrets through business negotiations, cooperative development and research, study tours and other opportunities.
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 the trade secrets of the right owner 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. Unauthorized disclosure of trade secrets, use by oneself, or permitting others to use, constitutesInfringement 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.
5. Legal basis: According to the provisions of Article 10 of my country's "Anti-Unfair Competition Law"
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 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. 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, 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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