Reverse engineering Is it legal to obtain trade secrets
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition" Article 12 Through self-development or countermeasures Trade secrets obtained from projects or other means are not deemed to be infringement of trade secrets as stipulated in Article 10 (1) and (2) of the Anti-Unfair Competition Law.
The "reverse engineering" referred to in the preceding paragraph, It refers to obtaining relevant technical information about the product through technical means to disassemble, survey, map, analyze, etc. the product obtained from public channels. If a party obtains the business secrets of others through improper means and then claims that the acquisition is legal on the grounds of reverse engineering, this will not be supported.
How to legally obtain trade secrets
Obtaining or using the same information through legal means does not constitute infringement of trade secrets. These legal means include: independent development; legal purchase; observation from public channels; legal acceptance of licenses and newly added ones through reverse engineering, etc.
"Trade secrets obtained through reverse engineering "Legal" was clarified by the Supreme People's Court for the first time, which excited the nerves of people in the industry, because it means that "legal risks are eliminated" and "is conducive to my country's technological development."
This document issued by the Supreme People’s Court involves The judicial interpretation of fair competition cases also clarifies rules such as damage compensation and the burden of proof. In fact, some local courts followed similar rules before the rules came out, but they have never been "justified." This judicial interpretation makes the judicial activities of the court more transparent and authoritative, provides unified guidance for the trial of trade secret dispute cases, and is a major improvement to my country's legal protection system for trade secrets. This report published by this edition interprets the profound meaning of the judicial interpretation from this perspective.
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