1. Infringement of trade secrets includes those
1. Stealing , inducement, coercion or other unfair means to obtain the business secrets of the right holder. 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.; the so-called obtaining of trade secrets by inducements usually refers to the perpetrator providing property or other preferential conditions to the person who possesses the trade secrets to induce them to The actor provides trade secrets; obtaining trade secrets by coercion means that the actor uses threats and coercion to make others provide trade secrets under compulsion; the so-called obtaining trade secrets by other improper means refers to the above-mentioned behaviors other illegal means. For example, extorting and spying on other people's business secrets through business negotiations, cooperative development and research, study tours and other opportunities.
2. Disclose, use or allow others to obtain trade secrets through improper means. The so-called disclosure refers to disclosing the right holder's trade secrets to a third party or to unspecified other persons, so that they lose their confidentiality value; the so-called use or allowing others to use refers to the specific circumstances of illegal use of other people's trade secrets. It should be pointed out that if an actor obtains a trade secret by illegal means and then discloses or uses the secret, it will constitute double infringement; if a third party learns the trade secret from the infringer and discloses or uses the secret, the same shall apply. constitute infringement.
3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. 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. Disclosing a trade secret without authorization, using it yourself, or allowing others to use it constitutes infringement of trade secrets.
4. The third party still obtains, uses or discloses the trade secrets of others from the infringer even though he knows or should know about the aforementioned illegal acts. This is an indirect infringement. The perpetrator Knowing that it is the trade secret of another person, and knowing or should have known that the trade secret is infringed, still obtains, uses, and discloses the secret, so the law treats this behavior as a trade secret infringement.
5. Legal basis: Article 9 of the Anti-Unfair Competition Law
2. 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 national defense patents) are public, then the patent It is impossible to become a trade secret, or in other words, patents and trade secrets are mortal enemies.
2. Products that can be deciphered by reverse engineering. After the product is developed, it must be promoted Products that are introduced to the market can only make profits by being introduced to the market. 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. For those who can be It is best for companies to protect products that are reverse engineered and decrypted by applying for patents.
3. Common business information or business skills in the industry. For the industry Common business information and business skills within the industry. Perhaps the company has spent a lot of energy, financial resources and time to obtain this information and skills, but this information and skills should be known to most people in the industry and cannot be protected, so there is no need As trade secrets, such as some featureless customer lists, etc.
4. Business information obtained through illegal means. From the definition of trade secrets, only The parties themselves know the content, so only the parties themselves know whether the case involves trade secrets. The cases of non-public cross-examination include those involving state secrets. Of course, even if no party applies to the court, the court must decide not to open the cross-examination ex officio. Trade secrets are the property rights of enterprises. It is related to the competitiveness of enterprises, is crucial to the development of enterprises, and some even directly affects the survival of enterprises.
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