1. What are the specific types of infringement of trade secrets
1. Obtained by theft, inducement, coercion or other unfair means in accordance with Article 10 of the Anti-Unfair Competition Law the rights holder’s trade secrets. The so-called theft of trade secrets includes theft by internal personnel of the unit, theft by external personnel, theft by internal and external collusion, etc.;
2. Disclose, use or allow others to obtain business secrets through improper means. The so-called disclosure refers to disclosing the right holder's business secrets to a third party or to unspecified other persons, so that it loses its confidentiality value; the so-called use or allowing others to use refers to the specific circumstances of illegal use of other people's business secrets;
3. Violate the agreement or violate the obligee's requirements for keeping trade secrets, disclose, use or allow others to use the trade secrets it possesses. The person who legally possesses the trade secret may be the other party who has a contractual relationship with the obligee, or may be a staff member or other insider of the obligee's unit. The above-mentioned perpetrator violates the confidentiality obligations stipulated in the contract or the unit and misappropriates the information. Unauthorized disclosure of trade secrets, use by oneself, or permission to use by others constitutes infringement of trade secrets;
4. The third party still obtains, uses or discloses his/her information from the infringer even though he knows or should know about the aforementioned illegal acts.Human trade secrets. The perpetrator knows that it is another person's trade secret and knows or should have known that the trade secret is infringed, but still obtains, uses, and discloses the secret. Therefore, the law treats this behavior as an infringement of trade secrets.
5. Legal basis: Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China"
Two ,What information does not belong to trade secrets?
1. Patent. Trade secrets are required not to be known to the public. The prerequisite for patent authorization is disclosure. Only the technical solution of the patent can be protected. Since the technical solutions of all patents (except defense patents) are public, patents cannot become trade secrets, or 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. Only by pushing it to the market can it be profitable. After being introduced to 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;
3. Common business information or business skills in the industry. For common business information and business skills in the industry, it may cost the enterprise a lot of energy, financial resources and time to obtain this information and skills, but this information and skills should also be known to most people in the industry and cannot be protected, so There is no need to keep it as a trade secret, such as some uncharacteristic customer lists, etc.
Business information obtained through illegal means. From the definition of trade secrets, only the parties themselves know the contents, so whether the case involvesTrade secrets are known only to the parties themselves. 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. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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