How to determine whether to disclose company secrets?
The act of revealing company secrets is identified 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. To disclose, use or allow others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets; 4, knowing or should know the illegal acts listed in the preceding paragraph, and obtain, use or disclose other people's business secrets. The characteristics of trade secrets are: 1. The premise of trade secrets is that they are not known to the public, while intellectual property rights are all open, and even patent rights should be made public to a considerable extent; 2. Trade secret is a relative right. The exclusiveness of trade secrets is not absolute or exclusive. If the other party obtains the trade secrets of the same content in a legal way, the other party has the same status as the first person. The owner of a trade secret cannot prevent the person who developed and mastered the information from using or transferring the information; 3. It can make operators gain benefits, gain competitive advantages, or have potential commercial benefits; 4. The protection period of trade secrets is not legal, it depends on the confidentiality measures of the obligee and the disclosure of secrets by others. A technical secret may last for a long time because of the effective security measures of the right holder and the application value of the technology itself, far exceeding the protection period of the patented technology. According to Article 219 of the Criminal Law of People's Republic of China (PRC), anyone who commits one of the following acts of infringing on business secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined: (1) obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion 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) disclosing, using or allowing others to use the business secrets in their possession in violation of confidentiality obligations or the requirements of the obligee to keep business secrets. In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the trade secret theory. The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.