About business What is the scope of secrets
Trade secrets are divided into two types: technical information and business information.
The so-called technical secret information refers to non-patented technology that meets the definition of trade secrets. Its scope mainly includes: technical design, application testing, process flow, industrial formulas, chemical formulas, production processes, technical samples, quality control, production methods and computer programs and other information.
In addition, technical information can be a complete technology, or one or several relatively independent technical elements of a complete technology. According to this point, some technical elements of a complete technology can be applied for patent protection, and other technical elements can be protected as trade secrets. If it contains computer programming, it can also enjoy the dual protection of copyright.
The so-called business secret information refers to methods, experiences and strategies related to business management that meet the definition of trade secrets. It mainly includes: development plans, competition plans, management know-how, customer lists, supply information, production and marketing strategies, financial status, investment and financing plans, bidding documents, negotiation plans, property guarantees and litigation and disputes, etc.
Business information has the same performance characteristics as technical information. It can be a complete business plan or several relatively independent business elements in the business plan. For example, the cost accounting, sales channels, advertising plans, price plans and other elements included in the production and marketing strategy can all exist as separate trade secrets.
The scope of trade secrets is the basis and standard for enterprises to determine trade secrets. The above scope can be called the basic scope of trade secrets. An enterprise shall formulate the specific scope of its trade secrets based on the legal definition and basic scope of trade secrets, combined with the scope, nature and characteristics of its production and operations, and notify its employees and other persons with confidentiality obligations in the form of formal documents or contracts. The specific scope of an enterprise's trade secrets should be revised and improved in a timely manner according to the development and changes of the enterprise's production and operation conditions.
Confidentiality of trade secrets.
Laws and regulations neither stipulate that trade secrets should be classified into different levels, nor do they stipulate the difference in the degree of legal protection of trade secrets with different levels of confidentiality. Differentiating or not classifying trade secrets depends entirely on the needs of the enterprise for confidentiality work and the wishes of the right holder. From the perspective of enterprise confidentiality prevention In terms of principles, dividing and determining the classification of trade secrets is conducive to the hierarchical management of trade secrets, highlighting key points, and ensuring the security of corporate core secrets.
Business The confidentiality level of secrets can be divided into three levels: A level, AA level, and AAA level (or secret, confidential, top secret) according to their importance to the interests of the enterprise.
About the confidentiality period.
The confidentiality period is the time limit for the confidentiality of business secrets. The law does not limit the confidentiality period of business secrets. The right holder can voluntarily choose whether to keep it secret or make it public. Since the value cycle and confidentiality period of a trade secret are difficult to accurately grasp, the confidentiality period of a trade secret is generally not suitable to be clearly determined and should be randomly controlled by the right holder according to changes in circumstances. But in special circumstances , it is necessary to determine the confidentiality period for specific information.
For example, information that is applying for patents, information that may be cracked and copied once the product enters the market, or information that may be cracked or copied once the product enters the market. Information that is implemented is tantamount to disclosure and has a clear confidentiality period. The significance of stipulating the confidentiality period for this part of the information is to clearly separate the confidentiality period and the non-confidentiality period and make it clear to all employees so that they can act as Trade secrets are strictly protected, and once a patent is applied for, a product is launched, and a marketing strategy is implemented, it can be promoted and promoted without restriction. In addition, it is beneficial to the enterprise to purposefully disclose, transfer, and activate some idle or outdated trade secrets. Harmless.
The above is a relevant introduction to the scope of trade secrets, I hope it can help everyone. If you need to know more, please pay attention to the law The official website of Savior.com, consult our legal Savior.com lawyers online, we will serve you wholeheartedly.