1, principle of minimum knowledge range: the knowledge range of trade secrets should be as small as possible, and only those who really need to know can contact trade secrets. This helps to reduce the risk of trade secret leakage.
2. Strict control principle: We should strictly control the confidentiality management of trade secrets and take effective security measures, such as physical and logical access control, encryption and auditing. , to ensure the safety of trade secrets.
3. Principle of reasonable classification: Trade secrets should be reasonably classified according to their importance and confidentiality, and different types of trade secrets should have different confidentiality management measures in order to better manage and protect trade secrets.
4. Principle of dynamic adjustment: The confidentiality management of trade secrets should be dynamically adjusted according to the actual situation, and the confidentiality measures and management strategies should be updated in time to adapt to the ever-changing security threats and business needs.
5. Principle of confidentiality according to law: The confidentiality of trade secrets shall be carried out according to law, and the requirements of national laws, regulations and relevant standards shall be followed to ensure the legality and compliance of confidentiality.
The acts of infringing trade secrets are as follows:
1. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means;
2. Disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
3. Units and individuals that have business dealings with the obligee disclose, use or allow others to use the obligee's business secrets in their possession in violation of the contract or the obligee's requirements for keeping business secrets;
4. The staff of the obligee discloses, uses or allows others to use the business secrets of the obligee in violation of the contract or the obligee's requirement to keep business secrets;
5. The third party obtains, uses or discloses other people's business secrets knowing or should know the above-mentioned illegal acts.
To sum up, if a party uses or transfers a technical secret that is the same as or similar to the technical secret independently developed by others or obtained by other proper means, it is not an act of infringing on the technical secret of others. Unless otherwise provided by law or agreed by the parties, it is other legal means to master relevant technologies through legal visits or reverse engineering means such as disassembling, mapping and analyzing legally obtained products.
Legal basis:
People's Republic of China (PRC) Anti-unfair Competition Law
Article 10
Trade secrets refer to technical and commercial information that is unknown to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Therefore, trade secrets need to be secret, valuable, practical and confidential.