What is the role of reverse engineering as a defense in trade secret infringement cases?

It is recommended that the main driving force of social progress is scientific progress, and intellectual property rights are an important part of it. Therefore, protecting intellectual property rights has become one of the most important tasks now. Protecting intellectual property rights stimulates people's enthusiasm for invention and creation, and promotes social and economic development. development of. What is the role of reverse engineering as a defense in trade secret infringement cases? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the defense role of reverse engineering in trade secret infringement cases

Reverse engineering in trade secret infringement The defense function in the case is mainly reflected in the fact that reverse engineering is not an infringement.

Is reverse engineering illegal

Trade secrets obtained through self-development or reverse engineering are not illegal and will not be considered infringement of Trade secrets.

Relevant legal provisions

"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Unfair Competition Civil Cases" 》

Article 12: Trade secrets obtained through self-development or reverse engineering, etc., shall not be deemed to be subject to the provisions of the Anti-Unfair Competition Law. Infringement of trade secrets as stipulated in Article 10 (1) and (2).

"Reverse engineering" as mentioned in the preceding paragraph refers to the use of technical means to disassemble, survey, map, analyze, etc. the relevant technical information of the product obtained from public channels. The parties involved acted unfairly After knowing other people's trade secrets by means of means, and claiming that the acquisition is legal on the grounds of reverse engineering, this will not be supported.

The above knowledge is the editor’s answer to relevant legal issues. Trade secrets obtained through self-development or reverse engineering are not illegal. Behavior is not considered an infringement of trade secrets. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.