The protection of business secrets is very important in business competition. We often see some cases about trade secret disputes on TV. Trade secrets are confidential technology of our own company, and so on. Many people don't understand whether trade secrets are intellectual property rights, so is the right of trade secrets intellectual property rights? Next, I'll introduce the relevant contents to you, hoping to help you.
First of all, the right to trade secrets is intellectual property.
Trade secrets belong to the category of intellectual property rights, but compared with general intellectual property rights (trademark rights, patents, copyrights), trade secrets have their own particularity. The subject of general intellectual property obligations is not specific, and the object of its right orientation is anyone (within the efficiency range of legal space), which has the effect of resisting the third party, exclusiveness and absoluteness, and is ownership. However, trade secrets are a kind of right arising from "taking security measures" within a certain range of people, and they have no function against bona fide third parties outside a certain range of people. As long as it is not an improper means, the third party may disclose the business secrets obtained in good faith. The specific differences are as follows:
1, which is different from patent right
Patents are not allowed to be re-developed. Within the scope of the space effect of law, any third party other than the parties to the licensing contract can not implement it for commercial purposes by any means.
2, different from trademark rights
For a registered trademark, no third party except the parties to the licensing contract has the right to use it within the space validity of the law.
3. Different from copyright
Only the property right part can be used against any third party other than the parties to the license contract.
Second, the types of trade secret rights
1, possession
The possession of trade secrets refers to the actual control and management of trade secrets by the obligee. The actual control and management of trade secrets by the obligee is the premise of the competitive advantage brought by trade secrets. This control and management includes taking reasonable security measures to prevent others from obtaining, disclosing and using it by improper means.
2. Right to use
The right to use refers to the right holder's use of trade secrets according to their nature and purpose. The obligee has the right to use his own business secrets according to law, and no one else may interfere. Non-obligees may also use trade secrets under the circumstances stipulated by law or agreed by the parties.
3. Right to income
Income right is the benefit brought by collecting trade secrets. The obligee has the right to obtain corresponding economic benefits through his own use or licensing others' use, and can also obtain economic benefits from the transferee by transferring business secrets. The obligee can also use trade secrets as investment to obtain economic benefits in production and operation. The right to income is generally exercised by creditors. If another person exercises trade secrets, the proceeds shall belong to the obligee, unless otherwise stipulated by law or contract.
4. Right of disposal
The right of disposition means that the owner of a trade secret has the right to dispose of his own trade secret. For example, giving up possession of trade secrets, not taking confidentiality measures, giving or transferring trade secrets, etc.
Third, restrictions on the right to trade secrets.
The restriction of trade secret right is defined from the perspective of right restriction, which is also called the exception of trade secret infringement, and describes the types of infringement judgment in an exceptional way. The restrictions on the right to trade secrets are mainly manifested in the following aspects:
1, independently developed
That is, the act of obtaining the same information as others' technical secrets through their own creative intellectual labor. The owner of a trade secret cannot prohibit others from developing the same trade secret on their own, nor can they prohibit others from using their rights to protect the trade secret they have developed.
2. Reverse engineering
The so-called reverse engineering refers to finding out the original formula or production method of the product through the analysis and research of the final product. Once the trade secret information contained in the products put into circulation by the right holder of trade secret is known by competitors through directional engineering analysis and research (except some special products restricted by law), its confidentiality is relatively lost, and the original right holder also loses the corresponding rights.
3. Legal assignee
The nature of trade secrets can be transferred and actually divided. Users can use trade secrets through licensing, technology transfer contracts and other legal means.
4. Known fields
Refers to information that can be obtained through open channels, information that can be easily obtained, information that is well known in the industry, and general knowledge, experience and technology.
5. Restrictions on public rights
If a state organ obtains the business secrets of a party in the course of performing official duties according to the law, it shall not be regarded as infringement of business secrets. The restriction of state power on trade secrets must be clearly stipulated by law, and the scope is limited to performing duties. State functionaries are still obliged to keep confidential the business secrets they know in the course of performing their duties.
6. Mandatory disclosure
Here mainly refers to the mandatory information disclosure system of listed companies. For unlisted companies, business secrets can be kept, but for listed companies, information disclosure must be carried out in accordance with the provisions of the Securities Law and the Company Law. Once information is disclosed, it enters the public domain and is no longer a trade secret.
That's all I introduced you to. Is trade secret right an intellectual property right? In addition, it also sorts out the types of trade secret rights and some contents of restrictions on trade secret rights. Once a trade secret is leaked and known to the public, it is not a trade secret and no longer enjoys the right to trade secrets. Of course, the state has strict regulations on the punishment for revealing business secrets, which is an unfair competition and seriously disrupts the market.