What are the scope and constituent conditions of trade secrets
The scope of trade secrets can be divided into two major categories: technology Information and business information.
1. Technical information
Mainly include: technical design, technical samples, quality control, application testing, process Processes, industrial formulas, chemical formulas, production processes, production methods, computer programs, etc. Trade secrets as technical information are also called technical secrets, proprietary technologies, non-patented technologies, etc., and are often called Know-How in international trade.
2. Business information
Mainly includes: development plan, competition plan, management know-how, customer list, supply of goods , production and marketing strategies, financial status, investment and financing plans, bids, negotiation plans, etc.
Conditions for the formation of a trade secret:
1. Not known to the public (secret)
Secrecy, which is the core feature of trade secrets, is also the difficulty and controversy in identifying trade secrets The focus. "Not known to the public" as stipulated in the law refers to the confidentiality of trade secrets, which means that the trade secrets claimed by the right holders have not entered the "public domain" and are not "publicly known information" or "publicly known technology". Confidentiality It is the most significant feature that distinguishes trade secrets from patented technology and publicly known technology, and is also a prerequisite for trade secrets to maintain their economic value and legal protection. Information that is known to the public and can be easily obtained cannot enjoy an advantage, and the law There is no need to provide protection; a secret that has been made public will cause its owner to lose its advantage in competition, and there is no need for legal protection.2. Can bring economic benefits (value) to the rights holder
Article 2, paragraph 3, of the "Several Provisions on Prohibiting the Infringement of Trade Secrets" stipulates: "The provisions of these regulations Being said to be able to bring economic benefits to the right holder and to be practical means that the information has certain applicability and can bring actual or potential economic benefits or competitive advantages to the right holder. "This explanation reveals the essential characteristics of trade secrets. The ability to bring economic benefits to the right holder refers to the value of trade secrets and is the purpose of legal protection of trade secrets.
3. Practicality
Practicality refers to the objective usefulness of a trade secret, that is, through the use of a trade secret, it can benefit everyone Creating economic value and having certain practicality are inevitable requirements for realizing the value of trade secrets. A trade secret must be capable of being manufactured or used to bring economic benefit to its holder. Precisely because of the practicality of trade secrets, whoever masters trade secrets can certainly use them in practice.
4. Confidentiality measures have been taken (confidentiality)
The confidentiality of trade secrets refers to the confidentiality of trade secrets The right holder has taken certain confidentiality measures, making it difficult for the general public to obtain it directly from public channels. This requirement emphasizes the confidentiality behavior of the right holder, rather than the result of confidentiality. The reason for this provision is that the law encourages those who fight for their rights and should not protect those who sleep on their rights. The objective existence of confidentiality makes it difficult for competitors to directly obtain this information through public channels under normal circumstances.
my country's "Anti-Unfair Competition Law" stipulates that, Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept secret by the right holder.
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