What is the scope of trade secrets
Content and scope of trade secrets:
Trade secrets can be divided into two major categories: technical information and business information.
1. Technical information
Mainly include: technical design, technical samples, quality control, application testing, process Processes, industrial formulas, chemical formulas, production processes, production methods, computer programs, etc. Trade secrets as technical information are also called technical secrets, proprietary technologies, non-patented technologies, etc., and are often called Know-How in international trade.
2. Business information
Mainly includes: development plan, competition plan, management know-how, customer list, supply of goods , production and marketing strategy, financial status, investment and financing plans, bidding documents, negotiation plans, etc.
Trade secrets include secrets in the production field and the commercial field secret. From the perspective of commercial enterprises, the understanding of the scope of trade secrets seems to be broader and more specific, mainly covering the following aspects:
1. Products.
It refers to the product developed by the company itself and A product with commercial value can be called a trade secret before it is patented. Even if the product itself is not a trade secret, the ingredients and methods of composition of the product may become trade secrets.
2. Formula.
Industrial formulas are a common type of trade secret form. The formulas and chemical synthesis of many foods, the exact ingredients of cosmetics and the proportions of various contents are valuable trade secrets. For example, the formula of "Coca-Cola" beverage is famous all over the world as a trade secret.
3. Process procedure.
It refers to a number of devices, through a specific combination, can become a highEfficient process flow. This process may become a trade secret.
4. Machinery and equipment and their improvements.
In the market, disclosed through normal channels Purchased equipment cannot be considered a trade secret. However, if the company improves it in a unique way, it will be more productive or have more uses. Then, this improvement can be regarded as a trade secret.
5. Research and development documents.
How companies record research and development activities in documents , is also a trade secret. Design blueprints, drawings, computer data, experimental results, and designs that specifically indicate the development process all fall into this category. Even documents and records of failed experiments also fall into this category and must not fall into the hands of competitors.
6. Communication.
The company's general correspondence is not a trade secret. Because it is not an object of protection. However, some specific communications are related to the company's business activities and have a bearing on the overall situation. If it falls into the hands of a competitor, it will be of great help to the other party. Such communications are regarded as trade secrets.
7. Internal company documents.
The company has many documents, which are important to all aspects of the company’s business activities. They should be kept as much as possible included in the scope of trade secrets. For example, a company's procurement documents record the company's actual costs for purchasing key supplies or services. If competitors see this document, they can deduce the company's pricing for certain products, which is very helpful to them. Such documents should be included in the scope of trade secrets. Even a piece of computer paper can be considered a trade secret if it is marked with information indicating the company's inventory at any one time.
8. Customer intelligence.
Customer intelligence is an important part of trade secrets. If a company can sell its products to anyone in the market if the price is right, the company's customers cannot become a trade secret. Typically in the industrial sector, customer lists are protected corporate intelligence.
9. Financial and accounting statements.
The company’s internal financial and accounting statements, except those provided to Except for those disclosed to the public, they should fall into the category of trade secrets. In developed countries, even which banks a company has connections with can be considered trade secrets.
10. Litigation situation.
A potential lawsuit could bring Nobeneficial impact. Therefore, before the litigation becomes a public fact, it should also be included in the scope of trade secrets.
11. The company's specifications and strategic development specifications.
The company's long-term specifications, internal operations and marketing Strategic plans, these, internal documents are also trade secrets. It’s surprising how many businesses haven’t taken notice to protect these files.
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