Are trade secrets intellectual property?

In today's fiercely competitive market, the leakage of Trade secrets is undoubtedly a major loss for enterprises. At the same time, follow-up tracing is also difficult, and the possibility of recovering losses is even slimmer. However, enterprises that apply for intellectual property rights can protect themselves interests, then, are trade secrets intellectual property rights? Let’s see how the lawyer answers!

Are trade secrets intellectual property rights

Trade secrets are intellectual property.

Trade secrets refer to the rights and interests of the company, Matters determined in accordance with specific procedures and limited to a certain range of personnel within a certain period of time.

It usually includes:

(1) Secret matters in the company’s major decisions.

(2) The company’s operations that have not yet been implemented Strategy, business direction, business planning, business projects and business decisions.

(3) Contracts and agreements controlled within the company , opinion letters and feasibility reports, and minutes of major meetings.

(4) The company’s financial budget and final accounts reports and various financial statements and statistics Report.

(5) What the company has mastered has not yet entered the market or various types of information that have not yet been made public.

(6) Company staff personnel files, salary , labor income and information.

(7) Other matters determined by the company to be kept confidential matter.

A patent means that the company owns a certain product Technical rights, other people (or companies) cannot produce similar products without a license.

Related knowledge: Utilization Methods to protect trade secrets to the maximum extent through intellectual property rights

1 , Protection of intellectual property management system

Nowadays, many companies dedicated to intellectual property work are paying attention to the field of trade secrets, so they have introduced a variety of management software. The fundamental purpose is to prevent the leakage of any business information from the source. During this period, all movements of corporate personnel are monitored through the management system. At the same time, any confidential content during the period of employment is managed through the system, and any activities outside the prescribed scope are not allowed. Operation.

2. Protection of patents and trade secrets

Now there may be a large number of companies that are interested in their own technology There is confusion in protection, and I don’t know which method of protection can bring maximum benefits and rights to myself. However, the protection methods of patents and trade secrets, which are highly popular, are basically contradictory. Patents exchange disclosure for protection, while the opposite is true for trade secrets. , so how to use patents to better protect corporate secrets? You need to pay attention to the comprehensive use of trade secrets and patents.

The above is the legal knowledge introduced to you by the editor of Legal Savior Network "Are trade secrets intellectual property rights?" Therefore, trade secrets only belong to the scope of intellectual property rights, but, Compared with general intellectual property rights (trademark rights, patent rights, copyrights), trade secrets have unique characteristics. The subject of general intellectual property rights obligations is not specific, and the object of its rights is anyone (within the efficiency of the legal space). The effect against third parties is exclusive, exclusive, exclusive and absolute, and is ownership. Trade secrets are a right generated by "taking confidentiality measures" within the scope of certain people. This right There is no function against bona fide third parties outside the scope of a specific person. As long as it is not unfair means, a third party can implement trade secrets obtained in good faith.