The Anti-Unfair Competition Law points out that commercial secrets refer to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, and is practical and kept secret by the obligee.
Characteristics of trade secrets
The three characteristics of trade secrets are non-publicity, value and confidentiality. In other words, trade secrets should not be known to the public, can bring economic benefits to the obligee and have practicability, and the obligee of trade secrets must take relevant confidentiality measures.
Classification of trade secrets
Classified management of trade secrets is an effective way to improve the protection effect and control the protection cost. The principles of trade secret classification are full protection, easy implementation and cost reduction. On the premise of application, the fewer classifications, the better. Of course, the classification of trade secrets should be based on the actual situation of the enterprise's own trade secrets, such as quantity, importance and protection requirements.
What is a trade secret? What are the contents of trade secrets?
1, business information
Business information mainly includes the business strategy of the enterprise; Market share and strategy of products; Social purchasing power of products; Regional distribution of products; The long-term, medium-term and short-term development direction and trend of products; Pricing policy; Production and marketing strategies, etc.
2. Technical data
Technical information mainly includes the technical scheme of the enterprise; Engineering design; Technical level; Technical potential; Forecast of new technology prospect; Prediction of alternative technologies; Patent trends, new technology impact prediction, etc. ; Design data, etc.
3. Financial information
Financial information mainly includes undisclosed financial resources of enterprises; Financial budget and final accounts report; Various financial statements; Bank financial information, etc.
4. Personnel information
Personnel information mainly includes enterprise personnel files; Organizational structure; Salary system, etc.
5. Third party information
Third-party information refers to the confidential information of third parties known by enterprises in the process of foreign exchange and cooperation.
Elements of trade secrets
According to Article 2 of Several Provisions on Prohibition of Infringement of Trade Secrets: "The trade secrets mentioned in these Provisions refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept secret by the obligee." The specific explanation is as follows:
1, confidential
Secretness is the core feature of trade secrets, that is, trade secrets should not be known to the public.
Step 2 be practical
It is generally believed that trade secrets can bring economic benefits to information and obligees, and have certain practicability, which is an inevitable requirement for realizing the value of trade secrets.
3. Confidentiality
Confidentiality means that the right holder of a trade secret has taken certain confidentiality measures for the trade secret, emphasizing the right holder's confidentiality behavior rather than the confidentiality result. The implementation of security measures should make it difficult for ordinary people to obtain them directly from public channels.
Protection of Trade Secrets The scope of protection of trade secrets includes but is not limited to specific, complete, partial and individual unpublished information, including but not limited to drafts, drafts, drafts, samples, models, etc. Involving trade secrets, including but not limited to the information listed in the trade secrets catalogue or code list.
How long is the validity of trade secrets? There is no time limit for the protection of trade secrets. As long as it meets the constitutive requirements of trade secrets, namely confidentiality, practicality, value and confidentiality, trade secrets can be protected indefinitely.
The significance of trade secret protection Strengthening the protection of trade secrets can safeguard the legitimate rights and interests of trade secret owners and help maintain the normal market competition order. As an intangible asset of an enterprise, trade secrets can bring certain benefits to the obligee. At the same time, strengthening the protection of trade secrets can establish a fair, honest and trustworthy market management concept.
1 and what are the provisions of the Criminal Law of People's Republic of China (PRC) on the protection of trade secrets?
(1) According to Article 219 of the Criminal Law of People's Republic of China (PRC) (Crime of Infringement of Trade Secrets), anyone who commits one of the above-mentioned acts of infringement of trade secrets and causes heavy losses to the holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes especially serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
(2) According to Article 220 of the Criminal Law of People's Republic of China (PRC) (Punishment for Crimes of Infringement of Intellectual Property Rights by Units), if a unit commits one of the above-mentioned acts of infringing on business secrets, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this section.
2. Relevant provisions of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights.
According to Article 15 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights (III):
Crimes of infringing intellectual property rights should comprehensively consider the amount of illegal gains, illegal business operations, losses caused to the obligee, the amount of infringing counterfeit goods and social harm, and be fined according to law.
The amount of fines is generally determined to be more than one time and less than five times the amount of illegal income. If there is no illegal income or the amount of illegal income cannot be determined, the amount of fine shall be determined according to more than 50% 1 times of the illegal business amount. If the amount of illegal income and illegal business operations cannot be ascertained, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine, and shall also be fined not less than 30,000 yuan but not more than 1 million yuan; Whoever is sentenced to fixed-term imprisonment of not less than three years but not more than seven years shall also be fined not less than 150,000 yuan but not more than 5 million yuan.
3. Relevant provisions of Several Provisions on Prohibition of Infringement of Trade Secrets
According to Article 7 of Several Provisions on Prohibition of Infringement of Trade Secrets, in case of any of the above-mentioned cases of infringement of trade secrets, the administrative department for industry and commerce shall, according to Article 25 of the Anti-Unfair Competition Law, order it to stop the illegal act, and may impose a fine ranging from 654.38+100000 yuan to 200000 yuan according to the circumstances.
How to protect trade secrets, the process of trade secret management, and the methods of identifying trade secret assets and evaluating the risk of leakage; Analyze the risk factors of leakage; Analyze the current level of protection ability of enterprises; The framework of protective measures determined according to the analysis results of leakage risk factors and the formation factors of protective ability level; Distribution of responsibilities for implementing protective measures; Supervision measures on the implementation effect of protective measures; Monitoring measures for the implementation effect of protective measures.
Business secret 1 network security method, set computer password.
Generally, the company's computer will not be taken home, so it is very likely that the computer placed in the company will be secretly opened and viewed by a willing heart, copying the business secrets in the computer. So you can set a password for the computer, which can prevent others from using their own computers without authorization and causing leaks.
2. Set the file password
In addition to setting a password for the computer, you can also set an open password for important files, so that even if the computer password is cracked, you can't open confidential files, thus protecting the business secrets in the files.
3. Set the file to copy-forbidden.
Setting the prohibition of copying and copying files can protect the contents of files well, because some business secrets are so detailed that you can't remember them by your mind alone. If copying is prohibited, the trade secrets in this document will not be easily leaked.
The concept and constitutive elements of the crime of infringing trade secrets 1, the concept of the crime of infringing trade secrets.
According to the provisions of Article 219 of the Criminal Law of People's Republic of China (PRC), the crime of infringing on business secrets refers to the act of obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the business secrets they have mastered or obtained, thus causing great losses to the obligee of business secrets.
2, the constitutive elements of the crime of infringement of trade secrets
Objectively, the object of infringement is trade secrets.
(2) The actor has violated trade secrets.
(3) This behavior has caused great losses to the trade secret obligee.
(4) The actor consciously infringes on trade secrets by various means.
According to Article 10 of the Anti-Unfair Competition Law and Several Provisions of the State Administration for Industry and Commerce on Prohibition of Infringement of Trade Secrets, business operators shall not infringe trade secrets by the following means:
Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means.
Disclosing, using or allowing others to use the business secrets of the obligee obtained by the means mentioned in the preceding paragraph.
According to the law and contract, people who have the obligation to keep business secrets (including units and individuals having business relations with the obligee and employees working in the obligee's unit) disclose, use or allow others to use the business secrets they have. If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business secrets. In practice, the behavior of the third party may constitute the same tort as the infringer.
Consequences of infringement of trade secrets 1, civil liability
Civil liability is the responsibility that the infringer should bear to the infringed. The civil liability of trade secret infringement mainly includes the liability for breach of contract and tort liability, which generally includes the consequences of compensation for losses, cessation of infringement, apology and elimination of influence.
2. Administrative responsibility
Administrative responsibility is the responsibility that the infringer needs to bear to the sued country, and the infringer needs to bear certain administrative punishment. Investigating the administrative responsibility for the infringement of trade secrets is conducive to stopping the infringement in time.
3. Criminal responsibility
Criminal responsibility is the most severe punishment for infringement of trade secrets, which may cause the infringer to face jail.
Trade secrets of trade secret appraisal institutions include business information and technical information. Business information does not need to be appraised, and there is no appraisal agency. Technical data can be identified in the Identification Center of the State Science and Technology Commission.
What should employees do if they reveal business secrets? Sue or call the police.
In the business activities of an enterprise, employees can report to the police or sue if they reveal the business secrets of the enterprise. If it is a civil dispute, you can bring a civil lawsuit to the people's court. If the loss caused by the disclosure of business secrets is relatively large, you can report it to the public security organ for handling.
Frequently asked questions about trade secrets: Do trade secrets belong to intellectual property rights? Yes
According to Article 123 of the General Principles of the Civil Law of People's Republic of China (PRC) and national laws, "civil subjects enjoy intellectual property rights according to law. Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law: works; Inventions, utility models and designs; Trademark; Geographical indications; Trade secrets; Layout design of integrated circuits; New plant varieties; Other objects prescribed by law. "
Is salary and welfare information a trade secret? number
Wage and welfare information of an enterprise is generally not a trade secret. According to the constitutive requirements of trade secrets, we can know that trade secrets should not be known to the public, but the salary and welfare information of enterprises is not included. The confidentiality of wages and benefits of key employees in enterprises should be stipulated through rules and regulations.
Is the customer list a trade secret? Yes
The customer list is the business information held by the enterprise, which belongs to the confidential information of the third party known by the enterprise in the process of foreign exchange and cooperation, so the customer list belongs to trade secrets.