What are trade secrets
Trade secrets are not known to the public and can bring economic benefits to the right holder , technical information and business information that are practical and have been kept confidential by the right holder.
Trade secrets must meet three elements at the same time:
First, secrecy. Confidentiality means that the state of a trade secret should be secret and never disclosed. This is also the most essential characteristic of a trade secret. At the same time, it is the most significant feature that distinguishes trade secrets from patents. Determine the privacy of trade secrets. The most objective standard is: "not known to the public." It should be emphasized that this lack of "public knowledge" is relative. In fact, on the one hand, trade secrets must be known to specific people within a certain range. In addition to the owner of the trade secret, people who know the trade secret usually It also includes: employees within the obligee who legally know or master the trade secret for the purpose of using the trade secret; obligees who legally transfer the trade secret and therefore know and master the trade secret, parties who have the right to use the trade secret according to relevant contracts or agreements, etc. wait. These trade secrets, which are known to everyone, do not affect the confidentiality of the trade secrets.
Second, value. Trade secrets have commercial value precisely because they are secrets. Therefore, value is a characteristic that trade secrets must have. It can mainly bring actual or potential benefits to the right holder. Economic value. In other words, whether it is an actual commercial secret that can be directly used, or a potentially valuable information that is under research, trial production, or development, it can constitute a trade secret.
Third, measures. It means that the right holder should manage the business secrets and take reasonable confidentiality measures . That is to say, it is not enough for the right holder to have subjective awareness. Objective confidentiality measures must also be implemented. Measures can be divided into two categories: software and hardware. The former mainly refers to institutional measures, such as signing confidentiality contracts, entering into confidentiality agreements, establishing confidentiality systems, strengthening Confidentiality education, etc.; the latter mainly refers to direct measures: such as strengthening guard security measures, restricting outsiders from visiting the production technology process, installing monitoring, assigning dedicated personnel to seal and keep relevant information, etc.
The above three requirements are necessary for legal protection of trade secrets. If any one of them is missing, will lose all rights to trade secrets.
The above is The editor has compiled relevant knowledge for you. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
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