2. Disclosing, using or allowing others to obtain trade secrets by improper means.
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. The third party still obtains, uses or discloses other people's business secrets from the infringer while knowing or should know the above-mentioned illegal acts.
What information does not belong to trade secrets include?
What cannot or should not be a business secret of an enterprise is:
1, patent.
The requirements of trade secrets are not known to the public, and the premise of patent authorization is publicity, which can only protect the technical scheme of patent disclosure. Since all technical solutions of patents (except national defense patents) are open, patents cannot become trade secrets, or patents and trade secrets are sworn enemies.
2. Products that can be deciphered by reverse engineering.
After the product is developed, it must be put on the market, and only when it is put on the market can it be profitable. After being put into the market, even if it is confidential, if the technical scheme of the product can be deciphered by reverse engineering, it is not illegal for others to obtain trade secrets in this way.
For products that can be deciphered by reverse engineering, it is best for enterprises to protect them by applying for patents.
3. General business information or business skills in the industry.
For the general business information and business skills in the industry, it may take a lot of energy, financial resources and time cost for enterprises to acquire these information and skills, but these information and skills should also be known by most people in the industry and cannot be protected, so there is no need to regard them as business secrets, such as some atypical customer lists and so on.
4. Commercial information obtained by illegal means.
From the definition of trade secrets, only the parties themselves know the content, so only the parties themselves know whether the case involves trade secrets. Cases that are not publicly cross-examined include cases involving state secrets. Of course, neither party needs to apply to the court for ex officio decision not to open cross-examination. Business secrets are the property rights of enterprises, which are related to the competitiveness of enterprises, are crucial to the development of enterprises, and some even directly affect the survival of enterprises.
Legal basis:
According to the provisions of Article 10 of China's Anti-Unfair Competition Law, there are mainly the following specific forms of infringement of trade secrets:
1. Obtaining the business secrets of the obligee by theft, inducement, coercion or other improper means.
The so-called stealing business secrets includes internal personnel stealing, external personnel stealing, internal and external collusion stealing and other means; The so-called inducement to obtain trade secrets usually means that the actor provides property or other preferential conditions to the holder of trade secrets to induce him to provide trade secrets to the actor; The so-called obtaining trade secrets by coercion means that the actor uses threats and coercion to make others provide trade secrets under coercion; The so-called obtaining trade secrets by other improper means refers to other illegal means other than the above-mentioned acts. For example, through business negotiations, cooperative development and research, study tours and other opportunities, grab and spy on other people's business secrets.
2. Disclosing, using or allowing others to obtain trade secrets by improper means.
The so-called disclosure refers to the disclosure of the business secrets of the obligee to a third person or an unspecified person, so that it loses its secret value; The so-called use or allowing others to use it refers to the specific situation of illegally using other people's business secrets. It should be pointed out that if the actor who obtains the trade secret by illegal means discloses or uses the secret again, it will constitute a double infringement; If a third party learns a trade secret from the infringer and discloses or uses it, it also constitutes infringement.
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.
The person who legally holds business secrets can be the other party who has a contractual relationship with the obligee, or the staff of the unit where the obligee works or other insiders. The above-mentioned actors violate the confidentiality obligations agreed in the contract or the unit, disclose the business secrets they have without authorization, or use them for themselves or permit others to use them, which constitutes a crime of infringing on business secrets.
4. The third party still obtains, uses or discloses other people's business secrets from the infringer while knowing or should know the above-mentioned illegal acts.
This is indirect infringement. The law regards the act of obtaining, using or disclosing a trade secret while knowing that it is another person's trade secret and knowing or should know that it is an infringement of the trade secret.