1. What are the main characteristics of trade secrets
1. Non-publicity The premise of trade secrets is that they are not known to the public, while other intellectual property rights are open to the public, and patent rights even require disclosure to a considerable extent.
2. Non-exclusive, trade secret is a relative right. The proprietary nature of trade secrets is not absolute or exclusive.
3. Interest correlation, which can enable operators to obtain benefits, gain competitive advantages, or have potential commercial benefits.
4. The protection period of a trade secret is not statutory and depends on the obligee's confidentiality measures and the disclosure of the secret by others.
5. Legal basis: "Anti-Unfair Competition Law of the People's Republic of China"
Art. Article 9 Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining through theft, bribery, fraud, coercion, electronic intrusion or other improper means The right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the preceding 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.
Third If a person knows or should know 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, but still obtains, discloses, uses or allows others to use the trade secret, it shall be regarded as infringement of the trade secret.
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. How to calculate trade secret losses
1. The losses suffered by the owner of the trade secret due to infringement shall be used as the basis for conviction, sentencing and actual compensation. The calculable property and income of the owner of the trade secret All losses incurred in this area should be regarded as the amount of loss. This includes both the income of the right holder itself and the income expected by the right holder within a number of years. The main factors to be considered are: the investment in the development of the trade secret, the maturity level of the trade secret, the Utilization cycle and whether it can be reused, as well as the use and transfer of trade secrets, market supply and demand conditions, etc.
2. Based on the infringement obtained by the infringer due to infringement Profits are regarded as losses and compensation amounts. The calculation of such losses is based on the premise that the infringer has not disclosed or transferred it to a third party and has not made it known to the public. For those who illegally sell business secrets to others, the income from the illegal sale shall be The amount of loss; if a trade secret is illegally used for production and business activities, the amount of loss shall be the profit gained or increased.
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