What are the concepts and legal characteristics of trade secrets
Business secrets are It refers to technical information and business 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. Therefore, trade secrets include two parts: non-patented technology and business information. Such as management methods, production and marketing strategies, customer lists, supply information and other operating information; production formulas, process flows, technical know-how, design drawings and other technical information. Trade secrets are related to the competitiveness of enterprises and are crucial to the development of enterprises. Some even directly affect the survival of enterprises.
Features
Compared with other intellectual property rights (patent rights, trademark rights, copyrights, etc.), trade secrets have the following characteristics:
1. Non-disclosure
The premise of trade secrets is that they are not known to the public, while other intellectual property rights are public, and patent rights There are even requirements for disclosure to a considerable degree.
2. Non-exclusiveness
Trade secret is a relative rights. The proprietary nature of trade secrets is not absolute or exclusive. If others legally obtain the same trade secret, they have the same status as the first person. The owner of a trade secret cannot prevent those who have developed and mastered the information before him from using or transferring the information, nor can he prevent those who have developed and mastered the information after him from using or transferring the information.
3. Interests
Can enable operators to obtain benefits, obtain competitive advantages, or have potential commercial benefits.
4. Term protection
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The protection period of a trade secret is not statutory and depends on the obligee’s confidentiality measures and other people’s disclosure of the secret. A technical secret may Due to the effective confidentiality measures of the rights holder and the application value of the technology itself, it lasts for a long time, far exceeding the period of protection of the patented technology.
The above is about trade secrets I hope this introduction to the concepts and legal characteristics of the law can help everyone. If you still need to know more, please pay attention to the official website of the Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
