What is the concept of trade secrets and technical secrets
1. What is a trade secret
"Anti-Unfair Competition Law of the People's Republic of China" "For the first time, a complete legal definition of trade secrets in China is provided, that is, "trade secrets refer to technical information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept secret by the right holder. and business information."
Mainly includes: commercial work Planning, plans, reserve plans, inventory quantities, purchase and sales balance figures for important commodities, anti-counterfeiting measures for bills, financial accounting statements; inventory, supply, allocation quantities, and flow directions of military commodities; commodity import and export intentions, plans, and quotation plans, Base bid information, foreign exchange quota, epidemic inspection data; production formulas of special commodities, process know-how, scientific and technological research projects and secretly acquired technologies and their sources, communication confidentiality guarantees, etc. According to this definition, trade secrets should have the following four legal characteristics or four basic elements:
1. Not known to the public. This means that trade secrets are confidential, and it is the recognition that trade secrets are confidential.The most basic elements and the most important legal characteristics of secrecy. The technical information and operating information of trade secrets can only be known to a few people involved in the work within the enterprise, and this kind of information cannot be obtained from public channels. If it is known to everyone, it cannot be called a trade secret.
2. Can bring economic benefits to the rights holder . This means that trade secrets have value, are the main requirements for identifying trade secrets, and also reflect the internal reasons for enterprises to protect trade secrets. If a trade secret cannot bring economic value to the enterprise, it loses the meaning of protection.
3. Practical. Trade secrets are different from theoretical achievements and have actual or potential use value. Trade secrets can be used in the hands of the right holder, and others can also use them after being stolen. This is an important element in determining illegal infringement of trade secrets.
4. Confidentiality measures have been taken. This is the most urgent requirement for identifying trade secrets. Private parties should take appropriate and reasonable confidentiality measures for the trade secrets they possess so that others cannot obtain them without using illegal means. If the right holder has not taken any measures to keep the trade secrets confidential and anyone can obtain them almost at will, then it cannot be regarded as the right holder's trade secrets.
2. What is a technical secret
The basic meaning of technical confidentiality is, In order to safeguard the technological rights and interests of the country or a group (individual), under certain time and space conditions and in accordance with national normative procedures, various protective measures are taken in a targeted manner for scientific and technological activities and their results. This is technical confidentiality in a broad sense, including state technical secrets and commercial secrets. Technical secrecy generally refers to the protection of national scientific and technological secrets. nowNational technical secrets are relatively decreasing, while commercial secrets are increasing, and technical infringement cases often occur, which even affect social development and the good order of technological progress. The issue of confidentiality and judicial protection of commercial secrets is becoming more and more prominent. Therefore, realistic technical confidentiality must include Confidentiality of technical information in trade secrets.
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