What are the behaviors that infringe on trade secrets?

Obtaining the right holder's business secrets through theft, inducement, coercion or other unfair means; disclosing, using or allowing others to obtain business secrets through unfair means; violating the agreement or violating the right holder's requirements for keeping business secrets, disclosing, using or Allowing others to use the Trade secrets in their possession; if a third party still obtains, uses or discloses other people's trade secrets from the infringer even though they know or should know of the above-mentioned illegal acts, it is considered a trade secret infringement. Regarding the question of what are the manifestations of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the manifestations of infringement of trade secrets

1. Obtain the right holder’s trade secrets through theft, inducement, coercion or other unfair means.

2. Disclose, use or allow others to obtain trade secrets through improper means.

3. Violate the agreement or violate the obligee's requirement to keep business secrets, disclose, use or allow others to Use the trade secrets in their possession.

4. The third party still obtains the benefits from the infringer even though he knows or should know about the aforementioned illegal acts. Obtain, use or disclose the trade secrets of others.

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, Obtain the right holder’s trade secrets through fraud, coercion, electronic intrusion or other improper means;

(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;

(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping 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 the obligee's requirements for keeping business secrets, and obtain, disclose, use, or allow others to use the obligee's business secrets.

Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon 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 a trade secret infringement.

Trade secrets as mentioned in this Law refer to technical information and business information that are not known to the public, have commercial value, and for which the obligee has taken appropriate confidentiality measures. and other business information.

2. What information does not belong to trade secrets?

What cannot or should not become corporate trade secrets ：

1. Patent.

Trade secrets are not required to be known to the public. The prerequisite for patent authorization is disclosure, and only the patented technology is disclosed. The plan can be protected. Since the technical solutions of all patents (except defense patents) are public, it is impossible for patents to become trade secrets, or in other words, patents and trade secrets are mortal enemies.

2. Products that can be deciphered by reverse engineering.

After a product is developed, it must be pushed to the market, and only by pushing it to the market can profits be made. After being launched on the market, 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 trade secrets in this way.

For products that can be deciphered by reverse engineering, companies are best protected 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 also cost the company to obtain this information and skills It costs a lot of energy, financial resources and time, but this information and skills should be known to most people in the industry and cannot be protected, so there is no need to keep them as trade secrets, 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 content, so whether the case involves trade secrets also depends on Only the parties themselves know. 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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