According to the Anti-Unfair Competition Law, trade secrets are information that is not known to the public, can bring economic benefits to the right holder, and has practical technical information and business information that are confidential and have been kept secret by the rights holder.
The State Administration for Industry and Commerce's "Several Provisions on Prohibiting the Infringement of Trade Secrets (Amendment)" stipulates: Trade secrets refer to information that is not known to the public and can be used by the public for rights and interests. Technical information and business information that brings economic benefits to people, is practical and has been kept secret by the right holder. The term “not known to the public” in these regulations means that the information cannot be obtained directly from public channels. The term "can bring economic benefits to the right holder and be practical" as mentioned in these regulations means that the information has certain applicability and can bring actual or potential economic benefits or competitive advantages to the right holder. The rights holders referred to in these regulations take confidentiality measures, including entering into confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures.
2. What are the types of trade secrets
According to the The Fair Competition Law stipulates that trade secrets include technical information and business information that meet certain conditions.
The State Administration for Industry and Commerce's "Several Provisions on Prohibiting the Infringement of Trade Secrets (Amendment)" stipulates that the so-called technical information and business information include designs, procedures, Information such as product formulas, production processes, production methods, management know-how, customer lists, supply information, production and marketing strategies, base bids in tenders and bid documents, etc.
According to the "Answers to Several Questions Concerning the Trial of Anti-Unfair Competition Cases (Trial)" (Jinggao Fafa [1998] No. 73) of the Beijing Higher People's Court, commercial Secrets include (1) technical information, including complete technical solutions, staged technical results in the development process and valuable technical data obtained, as well as technical know-how for technical problems. (2) Business information refers to business strategies, management know-how, customer lists, supply information, bid bases and other information.
According to the above regulations, trade secrets are mainly divided into technical information and business information:
1. Technology Information
Including design, procedures, product formulas, production processes, and production methods. Includes complete technologyPlans, staged technical achievements in the development process and valuable technical data obtained, also include technical know-how for technical problems.
2. Business information
Business information includes business strategies, management know-how, customer lists, and supply information , production and marketing strategies, minimum bids in tenders and tender documents and other information.
The above list of extensions of trade secrets is not a comprehensive list. With the progress of social economy, trade secrets will continue to take on new contents and forms. All technical information and business information that meet the requirements of the Anti-Unfair Competition Law are business secrets and are protected by law.
Not all "customer lists" are trade secrets. Here is a more detailed introduction to the "customer list" as a trade secret.
(1) The customer list must meet specific requirements to be considered a trade secret. The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition" (Fa Interpretation [2007] No. 2) stipulates that the customer list in trade secrets generally refers to the customer's name, address, contact information and transaction details. Special customer information consisting of habits, intentions, content, etc. that is different from relevant public information, including customer lists that bring together many customers, as well as specific customers who maintain long-term and stable trading relationships.
