1. What are the acts of infringement of trade secrets
1. Infringement of business secrets The specific form of secrets is to obtain the business secrets of the right holder through theft, inducement or other unfair means.
(1) The so-called theft of business secrets includes theft by internal personnel of the unit, theft by external personnel, theft by internal and external collusion, etc.;
(2) The so-called obtaining of trade secrets by inducement usually means that the actor provides property or other preferential conditions to the person who holds the trade secrets to induce them to provide the trade secrets to the actor.
2. Disclose, use or allow others to obtain trade secrets through improper means.
(1) The so-called disclosure refers to disclosing the right holder’s business secrets to a third party or disclosing it to unspecified other people, so that it loses its confidentiality value ;
(2) The so-called use or allowing others to use refers to the specific situation of illegal use of other people’s trade secrets. It should be pointed out that if an actor who obtains a trade secret by illegal means discloses or uses the secret again, it will constitute double infringement.
3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession.
4. The third party still obtains, uses or discloses the trade secrets of others from the infringer even though he knows or should know about the aforementioned illegal acts.
5. Legal basis: "Anti-Unfair Competition Law of the People's Republic of China"
Article 9 Operators shall not commit the following acts of infringement of trade secrets:
(1) Using theft, bribery, fraud, or coercion to , electronic intrusion or other improper means to obtain the right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph; Trade secrets;
(3) Violating confidentiality obligations or violating rights holders’ requirements to keep trade secrets, disclosing, using or allowing others to use trade secrets in their possession ;
(4) Instigate, induce, or help others to violate confidentiality obligations or violate rights holders’ requirements for keeping trade secrets, obtain, disclose, use, or allow others to use The business secrets of the right holder.
Any natural person, legal person or unincorporated organization other than the operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon the business secrets.
The third party knowingly or should have known that an employee, former employee or other unit or individual of the right holder of a trade secret has committed an illegal act listed in paragraph 1 of this article, still obtains , disclose, use or allow others to use the trade secret, it shall be deemed as infringement of the trade secret.
Trade secrets as mentioned in this law refer to those that are not known to the public. Technical information, business information and other commercial information that is known, has commercial value and the right holder has taken corresponding confidentiality measures.
2. What information does not belong to trade secrets?
1. Patents. Trade secrets are required not to be made available to the public As we know, the prerequisite for patent authorization is disclosure, and only the technical solutions of patents can be protected. Since all technical solutions of patents are public, patents cannot become trade secrets, or patents and trade secrets are mortal enemies.
2. Products that can be deciphered by reverse engineering. After products are developed, they must be pushed to the market. Only by pushing them to the market can profits be made. Push them to the market After that, even if confidentiality is maintained, if the technical solution of the product can be deciphered through reverse engineering, it is not illegal for others to obtain the trade secrets in this way. For those who can be reverse engineeredIt is best for companies to protect Chengdajia's products by applying for patents.
3. Common business information or business skills in the industry. For common business information and business skills in the industry, it may cost the enterprise a lot of energy, financial resources and time to obtain this information and skills, but this information and skills should also be known to most people in the industry and cannot be protected, so There is no need to keep it as a trade secret, such as some uncharacteristic customer lists, etc.
4. Commercial information obtained through illegal means. From the definition of trade secrets, only the parties themselves know the contents, so only the parties themselves know whether the case involves trade secrets. Cases of non-public cross-examination include those involving state secrets. Of course, even if no party applies to the case, the court must decide not to open the cross-examination ex officio. Trade secrets are the property rights of an enterprise. They are related to the competitiveness of the enterprise, are crucial to the development of the enterprise, and some even directly affect the survival of the enterprise.
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