Under the network environment, the leakage type of trade secrets is 1, and the infringement comes from within the enterprise.
Insider's infringement of trade secrets has always been the main means of infringement of trade secrets. Internal personnel, especially network managers, use the convenience of work or management loopholes to download and sell business secrets from the intranet or collude with others inside and outside to facilitate others to obtain business secrets from the intranet.
2. Hacking.
Hackers have invaded the political, military and economic fields. They use ingenious means and superb technology to capture the unique and important information of enterprises, or bomb enterprises, so that the system functions of enterprises are lost and business secrets are violated. This is a new means of infringing trade secrets in the network age.
3. Virus invasion.
Virus is one of the main threats to the normal operation of the network. The more open the enterprise network, the greater the possibility of virus threat. Because the virus attack will destroy the computer system of the enterprise and infringe the business secrets stored in the computer.
4. Others intercept, steal, tamper with or disclose the business secrets of the enterprise.
If the enterprise does not take encryption measures or the encryption intensity is not enough, the attacker may obtain the transmitted confidential information through the Internet, public telephone network, connection, installation of receiving equipment within the radiation range of electromagnetic waves, or interception of data on gateways and routers where data packets pass. Or through the analysis of information flow, flow direction, communication frequency and length, we can get useful information, such as consumer bank account number, password and other business secrets of enterprises.
After being familiar with the enterprise network information format, the attacker can change, delete or insert the enterprise trade secrets in the network transmission through various technical methods and means, so that the contents of the enterprise trade secrets are wrong, thus forming a more harmful infringement;
Or the thief discloses or uses the business secrets of the obligee illegally obtained by theft, inducement, coercion or other means on the Internet; Or the relevant parties violate the obligee's requirements or agreement on keeping business secrets and disclose and use the business secrets they have online.
5. impersonate various roles to obtain trade secrets.
This type of leakage includes:
(1) impersonates a legitimate user, sends a large number of emails to the enterprise, steals the merchant's commodity information and user information, retrieves the delivery status of the enterprise's commodities, and orders the commodities, so as to know the delivery status and inventory status of the enterprise's commodities;
(two) posing as a leader to issue orders and read confidential documents;
(3) Impersonating a network control program to obtain or modify business secrets such as access rights, passwords and keys; In addition, stealing computer hardware can also be a means of infringing on business secrets of enterprises.
Related reading:
Legal protection of trade secrets
China's relevant laws protect trade secrets from different angles.
first
From the perspective of the relationship between the right holder of trade secrets and the infringer, except that the two parties have nothing to do, but the infringer infringes on trade secrets through improper means such as theft, inducement and coercion, the infringement of trade secrets mainly occurs in the relationship of buying and selling, contracting, authorization and employment, among which the employment relationship is the most likely to infringe on trade secrets.
The Anti-Unfair Competition Law regulates the act of infringing on trade secrets by unfair means. The Contract Law regulates the infringement of commercial secrets in civil contractual relations.
The Anti-Unfair Competition Law regulates the behavior of infringing on trade secrets when there is an agreement to keep trade secrets or the obligee requests to keep trade secrets, including the contract agreement between civil subjects and the agreement under the employment relationship. The Company Law and the Criminal Law mainly regulate the infringement of trade secrets by labor relations.
second
In the case of labor relations, the existing laws have a premise for the protection of trade secrets, that is, all workers are self-employed or operate for others, excluding the situation that workers work in other enterprises.
Article 148 of the Company Law stipulates that directors, supervisors and senior management personnel shall abide by laws, administrative regulations and the articles of association of the company, and have the duty of loyalty and diligence to the company.
Article 149 stipulates that, without the consent of the shareholders' meeting or the shareholders' general meeting, directors and senior management personnel shall not take advantage of their positions to seek business opportunities belonging to the company for themselves or others, or run the same business for themselves or others as the company in which they work; Unauthorized disclosure of company secrets; Other acts that violate the duty of loyalty to the company. The income of directors and senior managers who violate the provisions of the preceding paragraph shall be owned by the company.
If the Anti-Unfair Competition Law stipulates operators, according to the provisions of Article 2 of this Law, operators refer to legal persons, other economic organizations and individuals engaged in profit-making services of commodities.
third
Different laws have different protection scopes for trade secrets. The scope of protection of the Anti-Unfair Competition Law is wide, which is mainly reflected in three aspects: First, the Anti-Unfair Competition Law has no restrictions on the qualifications of infringing subjects, and all workers who know trade secrets and violate the agreement or regulations can constitute the crime of infringing trade secrets. The subject of infringement stipulated in the company law is directors and senior managers.
The criminal law stipulates the directors and managers of state-owned companies and enterprises. Secondly, the anti-unfair competition law not only protects non-patented technology, but also protects business information. Company law and criminal law mainly protect business opportunities, which include business information, but not non-patented technology.
finally
It is the anti-unfair competition law that not only regulates the behavior of keeping business secrets during work, but also regulates the behavior of keeping business secrets after leaving office. The Company Law and the Criminal Law only regulate the behavior of employees to keep business secrets during their employment.
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