Definition of Trade Secrets Article 10: The term "trade secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are often practical, and are kept confidential by the obligee.
Article 2 of Several Provisions of the State Administration for Industry and Commerce on Prohibiting Infringement of Trade Secrets
1, not known to the public, means that information cannot be obtained directly from public channels.
2. Being able to bring economic benefits and practicality to the obligee means that the information has definite applicability and can bring real or potential economic benefits or competitive advantages to the obligee.
3. The obligee adopts confidentiality measures, including signing confidentiality agreement, establishing confidentiality system and taking other reasonable confidentiality measures.
4. Technical information and business information, including design, procedure, product formula, production technology, production method, management know-how, customer list, supply information, production and marketing strategy, pre-tender estimate in bidding and tender contents.
5. The obligee refers to the citizen, legal person or other organization that enjoys the ownership or use right of trade secrets according to law.
Question 2: How to define trade secrets? 1, confidential. The so-called secret refers to information that is not known to the public and cannot be directly obtained from public channels. This is a necessary condition to constitute a trade secret, and it is also an essential feature different from patent right. However, the confidentiality of trade secrets is only relative. As long as it is not a well-known person in the same industry, everyone is not excluded, and people with confidentiality obligations know the information. Nor does it exclude others from obtaining secrets through legal means, as long as they are not public. 2. novelty. This is another important factor derived from "not known to the public", and it is also an important feature that distinguishes trade secrets from publicly known technologies and information. The law has made a minimum requirement for the novelty of trade secrets, that is, even the worst information can constitute trade secrets as long as it is not objectively common information known in the industry. 3. Value. Value is the essential element of trade secrets, and it is also the most fundamental difference between trade secrets and other secrets such as political secrets and personal privacy. The so-called value, according to the Anti-Unfair Competition Law and Several Provisions on Prohibiting Infringement of Trade Secrets issued by the State Administration for Industry and Commerce, is interpreted as "being able to bring potential or realistic economic benefits or competitive advantages to the obligee", that is, the value of trade secrets includes both the actual economic benefits and the potential economic benefits and competitive advantages embodied through future use. 4. practicality. Namely, objective usefulness. The specific performance is the feasibility of applying information such as production technology and process to a certain industry, production method or skill. Using this information, the owner of trade secrets can bring economic benefits or some market competitive advantage, thus reflecting its value. 5. Keep it secret. Trade secrets must be kept secret for the obligee. Confidentiality is the basic attribute of trade secrets, otherwise it cannot be called trade secrets. This requirement requires the obligee not only to have the consciousness of keeping business information secret subjectively, but also to take confidentiality measures objectively, such as formulating confidentiality system and signing confidentiality contract.
Question 3: What is the definition of "trade secret" in China law? Paragraph 3 of Article 10 of the Anti-Unfair Competition Law: The term "trade secrets" as mentioned in this article refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee.
The explanation of this definition can be found in the following documents:
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition
Article 9 If the relevant information is not generally known and easily obtained by the relevant personnel in the field, it shall be deemed as "not known to the public" as stipulated in the third paragraph of Article 10 of the Anti-Unfair Competition Law.
In any of the following circumstances, it can be determined that the relevant information does not constitute unknown to the public:
(a) The information is the general knowledge or industry practice of people in their technical or economic fields;
(2) The information only involves the simple combination of the size, structure, materials and parts of the product, and the relevant public can directly obtain it by observing the product after it enters the market;
(3) The information has been publicly disclosed in public publications or other media;
(4) The information has been made public through public reports and exhibitions;
(5) Information that can be obtained from other public channels;
(6) Information is easy to obtain without paying a certain price.
Article 10 If the relevant information has real or potential commercial value and can bring competitive advantages to the obligee, it shall be deemed as "can bring economic benefits and practicality to the obligee" as stipulated in the third paragraph of Article 10 of the Anti-Unfair Competition Law.
Article 11 The reasonable protection measures taken by the obligee to prevent the information from leaking, which are suitable for the specific circumstances such as the commercial value of the information, shall be deemed as the "confidentiality measures" stipulated in the third paragraph of Article 10 of the Anti-Unfair Competition Law.
The people's court shall determine whether the obligee has taken security measures according to the characteristics of the information carrier involved, the obligee's willingness to keep secret, the identifiable degree of security measures, the difficulty of others obtaining them through proper means and other factors.
In any of the following circumstances, which is enough to prevent the disclosure of confidential information under normal circumstances, it is deemed that the obligee has taken confidentiality measures:
(a) limit the scope of confidential information, only inform the relevant personnel who must know its content;
(2) Take preventive measures such as locking confidential information carriers;
(3) The carrier of confidential information is marked with a confidentiality mark;
(4) Using passwords or codes for confidential information;
(5) signing a confidentiality agreement;
(six) to restrict visits to confidential machines, factories, workshops and other places or put forward confidentiality requirements;
(seven) other reasonable measures to ensure the confidentiality of information.
Question 4: Definition of Trade Secrets According to China's Anti-Unfair Competition Law, trade secrets refer to technical information and commercial information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept confidential by the obligee. Therefore, business secrets include two parts: technical information and business information. Such as management methods, production and marketing strategies, customer lists, supply information and other business information; Production formula, process flow, technical know-how, design drawings and other technical data.
Question 5: The concept and characteristics of trade secrets. All commercial materials, technologies and information within the company that are not disclosed to the public can be regarded as trade secrets.