Business What are the scope and characteristics of secrets
Trade secrets are not known to the public, can bring economic benefits to the right holder, and are practical Technical information and business information that the rights holder has taken confidentiality measures. 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 other intellectual property rights (patent rights, trademark rights, copyrights, etc.) Compared with other intellectual property rights, it has the following characteristics:
First, the premise of trade secrets is not known to the public, while other intellectual property rights are public, and patent rights and even There are requirements for disclosure to a considerable extent;
Second, trade secrets are a relative right. 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.
Third, it can enable operators to obtain benefits, gain competitive advantages, or have potential commercial benefits.
Fourth, 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. A technical secret may last for a long time due to the right holder's effective confidentiality measures and the application value of the technology itself, far exceeding the period of protection of the patented technology.
The above knowledge is the answer of the editor of Legal Savior Network to the question "What are the scope and characteristics of trade secrets?" If readers need legal help, welcome Go to LegalSavior.com for legal consultation.
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