"Trade secrets can be divided into two categories: technical information and business information.
1. Technical information mainly includes: technical design, technical samples, quality control, application testing, Technological processes, industrial formulas, chemical formulas, production processes, production methods, computer programs, etc., as technical information, are also called technical secrets, proprietary technologies, non-patented technologies, etc., and are often referred to as technical secrets in international trade. Know-How.
2. Business information mainly includes: development plans, competition plans, management know-how, customer lists, supply sources, production and sales strategies, financial status, investment and financing plans, bids, and business negotiation plans. Secrets include secrets in the production field and secrets in the commercial field.
If one of the following circumstances is sufficient to prevent the leakage of commercial secrets under normal circumstances, the people's court shall determine that the obligee has taken corresponding confidentiality measures:
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(1) Sign a confidentiality agreement or stipulate confidentiality obligations in the contract;
(2) Through articles of association, training, rules and regulations, written notifications, etc., those who have access to and obtain business secrets Employees, former employees, suppliers, customers, visitors, etc. who request confidentiality;
(3) Restricting visitors or conducting differentiated management of confidential factories, workshops and other production and business premises;< /p>
(4) Differentiating and managing trade secrets and their carriers by marking, classifying, isolating, encrypting, sealing, limiting the scope of persons who can access or obtain them;
(5) Taking measures to prohibit or restrict the use, access, storage, copying, etc. of computer equipment, electronic equipment, network equipment, storage equipment, software, etc. that can access and obtain trade secrets;
(6) ) requires resigned employees to register, return, clear, and destroy the business secrets and their carriers that they have accessed or obtained, and continue to assume confidentiality obligations;
(7) Take other reasonable confidentiality measures.
< p>Legal basis:Article 9 of the Anti-Unfair Competition Law
Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the preceding paragraph ;
(3) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing, using or allowing others to use business secrets in their possession;
(4) Instigating , induce or help others to violate confidentiality obligations or violate the obligee's requirements for keeping trade secrets, and obtain, disclose, use or allow others to use the obligee's trade secrets.
Other natural persons, legal persons and persons other than operators. If an unincorporated organization commits the illegal acts listed in the preceding paragraph, it shall be deemed to be an infringement of trade secrets by an employee, former employee or other unit or individual who knows or should know that the third party is the owner of the trade secret. If you obtain, disclose, use or allow others to use the trade secret despite the illegal acts listed in this paragraph, it will be deemed as a trade secret infringement.
Trade secrets as mentioned in this Law refer to technical information, business information and other commercial information that is not known to the public, has commercial value, and for which the right holder has taken corresponding confidentiality measures. "