What is the scope of trade secrets in my country
The scope of trade secrets, that is, what the trade secrets include. This is a very important issue both in theory and in judicial practice. It is related to what kind of information and in what form of expression can obtain legal protection. According to the provisions of my country’s Anti-Unfair Competition Law, the scope of trade secrets includes technical information and business information.
1. Technical information
Technical secrets are business secrets in a narrow sense, which refer to non-patented technologies and technical information that are not known to the public, can bring economic benefits to the enterprise, are practical and the enterprise has taken confidentiality measures
2. Business information
Business information refers to information other than technical information that can provide Various types of information used in business operations that bring competitive advantages to rights holders. "Management know-how, customer lists, supply information, production and marketing strategies, bid bases in tenders and bid documents" are all typical and common business information. In addition, the financial, investment, procurement, sales, accounting, distribution and Relevant information, such as corporate investment direction, investment plan, product cost and pricing, purchase and sales channels, etc., all fall within the scope of operating information.
Article 9 of the Anti-Unfair Competition Law of the People's Republic of China: Operators shall not implement The following intrusionsActs of violating trade secrets:
(1) Obtaining rights through theft, bribery, fraud, coercion, electronic intrusion or other improper means
(2) Disclose, use or allow others to use the business secrets of the obligee obtained by means of the previous paragraph;
(3) Violating the obligation of confidentiality or violating the obligee's requirements for keeping business secrets, disclosing, using or allowing others to use the information in his possession Trade secrets;
(4) Instigating, inducing, or helping others to violate confidentiality obligations or violate rights holders’ requirements for keeping trade secrets, obtain , disclose, use or allow others to use the right holder’s trade 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.
If you obtain, disclose, use or allow others to use the trade secret despite committing any illegal act, it will be deemed as a trade secret infringement.
Business secrets as mentioned in this Law refer to information that is not known to the public, has commercial value and the obligee has taken corresponding confidentiality measures technical information, business information and other business information.
Article 21 of the Anti-Unfair Competition Law of the People's Republic of China: Operators and other natural persons, legal persons and unincorporated organizations Anyone who violates the provisions of Article 9 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal activities, the illegal gains shall be confiscated, and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, the person shall be fined not less than 500,000 yuan but not more than 500 yuan. A fine of less than 10,000 yuan.
Article 32 of the Anti-Unfair Competition Law of the People's Republic of China: In civil trial proceedings for infringement of trade secrets, commercial secretIf the confidentiality right holder provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secret and reasonably shows that the trade secret has been infringed, the alleged infringer shall prove that the trade secret claimed by the right holder does not belong to the trade secrets stipulated in this Law.
If the owner of a trade secret provides preliminary evidence that reasonably indicates that the trade secret has been infringed, and provides one of the following evidences, the alleged infringer shall prove There is no infringement of trade secrets:
(1) There is evidence that the alleged infringer has channels or opportunities to obtain trade secrets, and The information used is substantially the same as the trade secret;
(2) There is evidence that the trade secret has been disclosed by the alleged infringer, Use or risk of being disclosed or used;
(3) There is other evidence showing that the trade secret has been infringed by the alleged infringer.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the right holder, is practical and Technical information and business information that have been kept confidential by the rights holder.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
The above knowledge is the editor's answer to the question "What is the scope of trade secrets in my country?" If you need more legal aspects For help, welcome to the Legal Savior Network for legal consultation.