What is the definition and scope of trade secrets
Trade secrets are Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
The following conditions must be met to constitute a trade secret:
One is secrecy. That is to say, the relevant information is non-public and generally unknown to the relevant public, and cannot be obtained directly, free of charge and completely from public channels. Once information is made public, it loses its confidentiality and is no longer protected by law. Anyone can use the public information.
The second is confidentiality. That is, the holder must take necessary confidentiality measures to maintain the confidentiality of relevant information. This is the subjective basis for the information holder's rights claim.
The third is practicality. That is, relevant information can be directly applied to large-scale production or operations, rather than just staying in the theoretical research stage.
Fourth is economy. That is, the use of relevant information can increase benefits or reduce costs for users and obtain economic benefits.
Trade secrets include technical secrets and operating secrets.
Technical secrets refer to commercial secrets of technical information, including design drawings, test results, test records, processes, formulas, samples, data, computer programs, etc. The technical information involved in technical secrets can be specific and complete technical content, constituting a product, process, material and a technical solution for its improvement, or it can be part of the technical elements of a certain product, process, material, etc.
Business secrets refer to information other than technical information that can bring benefits to the right holder.Information used for business operations to gain competitive advantage, including undisclosed purchase channels, supply information, management know-how, production and marketing strategies, supply and demand conditions, product prices, marketing plans, product market share, regional distribution of product markets, sales networks, customers List of names, bidding methods, bid document content, bid base and other information.
The above knowledge is the answer to the question "What is the definition and scope of trade secrets" by the editor of Legal Savior Network. If readers need legal help, Welcome to Legal Savior Network for legal consultation.
