Characteristics of trade secrets and measures for keeping them confidential.

Legal analysis: (1) The premise of trade secrets is that they are not known to the public, while other intellectual property rights are open, and even patent rights are required to be open to a considerable extent; (2) Trade secret is a relative right. The exclusiveness of trade secrets is not absolute or exclusive. Other people who have obtained business secrets of the same content by legal means have the same status as the first person. The owner of a trade secret can neither prevent the person who developed and mastered the information before him from using or transferring the information, nor prevent the person who developed and mastered the information after him from using or transferring the information. (3) It can enable the operators to gain benefits, gain competitive advantages, or have potential commercial benefits. (4) The term of protection 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.

The protection measures for trade secrets are: 1. The obligee of trade secrets has established a confidentiality system, and relevant information is clearly classified as confidential matters. 2. The right holder of trade secrets has not formulated a confidentiality system, but explicitly requires that certain information be kept confidential. For example, clearly mark the word "confidential" on the carrier of information, lock the carrier of confidential information, and use passwords. 3. The holder of trade secrets has established a confidentiality system. Although it is not clear whether the information is confidential, according to its confidentiality system, the information belongs to the scope of confidentiality. 4. When disclosing and providing information to others, the holder of trade secrets explicitly requires confidentiality in relevant contracts or other documents. 5. The operator cooperates with others to develop or entrusts others to develop a new technology, and explicitly requires the confidentiality of the developed technology in the development contract or entrustment contract. 6. Restrict visitors or put forward confidentiality requirements for confidential machines, factories, workshops and other places. 7. In addition, some information can be marked as trade secrets according to its attributes, and the obligee does not need to take other confidentiality measures.

Legal basis: Article 9 of the Anti-Unfair Competition Law of People's Republic of China (PRC), operators shall not commit the following acts that infringe on business secrets:

(1) Obtaining the business secrets of the obligee by improper means such as theft, bribery, fraud, coercion or electronic intrusion;

(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;

(4) instigating, luring or helping others to obtain, disclose, use or allow others to use the business secrets of the obligee in violation of the confidentiality obligation or the obligee's requirements for keeping the business secrets. If a natural person, legal person or unincorporated organization other than the operator commits the illegal acts listed in the preceding paragraph, it shall be regarded as infringement of trade secrets. If a third party obtains, discloses, uses or allows others to use a trade secret while knowing or should know that the employee, former employee or other unit or individual of the holder of the trade secret has committed the illegal acts listed in the first paragraph of this article, it shall be regarded as infringement of the trade secret. The term "business secrets" as mentioned in this Law refers to technical information, business information and other business information that are not known to the public and have commercial value and are kept confidential by the obligee.