What does the trade secret stipulated in civil litigation in 2023 mean?

According to the "Judicial Interpretation of the Civil Procedure Law", trade secrets in the Civil Procedure Law refer to technical secrets, business intelligence and information such as production processes, formulas, trade contacts, purchase and sales channels, etc. that the parties are unwilling to disclose. Regarding the question of what trade secrets are stipulated in civil litigation, the editor of Legal Savior Network will answer it in detail for you below.

1. What is meant by trade secrets stipulated in civil litigation?

1. Trade secrets in the Civil Procedure Law refer to technical secrets, business intelligence and information that the parties are unwilling to disclose, such as production processes, formulas, trade contacts, purchase and sales channels, etc.

2. Legal basis: "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"

Article 220 The commercial secrets stipulated in Articles 71, 137, and 159 of the Civil Procedure Law refer to production processes, formulas, and trade contacts. , purchase and sales channels and other technical secrets, business intelligence and information that the parties are unwilling to disclose.

2. Infringement of trade secrets

1. Obtain the business secrets of the right holder 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; the so-called 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 behaviors other illegal means.

2. 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 a person who obtains a trade secret by illegal means discloses or uses the secret again, it will constitute double infringement; if a third party obtains a trade secret from the infringementDisclosing or using a trade secret after having learned it from another person also constitutes 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 another person's trade secret and knows or should have known that the trade secret is infringed, but still obtains, uses, and discloses the secret. Therefore, the law treats this behavior as an infringement of trade secrets.

According to the provisions of the "Judicial Interpretation of the Civil Procedure Law", trade secrets in the Civil Procedure Law refer to the production process, formula, trade contacts, purchase and sales channels, etc. Technical secrets, business intelligence and information that you do not want to disclose. 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.