about the scope of trade secrets, there are two types of trade secrets: technical information and business information. The so-called technical secret information refers to the non-patented technology that conforms to the definition of trade secret. Its scope mainly includes: technical design, application test, technological process, industrial formula, chemical formula, manufacturing process, technical samples, quality control, manufacturing methods and computer programs. In addition, technical information can be a complete technology or one or several relatively independent technical elements in a complete technology. According to this point, we can apply for patent protection for some technical elements in a complete technology, and protect the other technical elements as business secrets. If it contains computer programming, we can also enjoy the double protection of copyright. The so-called business secret information refers to the methods, experiences and strategies related to business management that conform to the definition of business secret. It mainly includes: development planning, competition scheme, management know-how, customer list, source information, production and marketing strategy, financial situation, investment and financing plan, pre-tender estimate, negotiation scheme, property guarantee and litigation disputes. Business information, like technical information, can be a complete business plan or several relatively independent business elements in the business plan. For example, the cost accounting, sales channels, advertising programs, price programs and other elements included in the production and marketing strategy can exist as trade secrets alone. The scope of business secrets is the basis and standard for enterprises to determine business secrets. The above scope can be called the basic scope of trade secrets. An enterprise shall, in accordance with the legal definition and basic scope of trade secrets, and in combination with the scope, nature and characteristics of its production and operation, formulate the specific scope of its trade secrets, and notify its employees and other personnel with confidentiality obligations in the form of official documents or contracts. The specific scope of business secrets of an enterprise shall be revised and improved in a timely manner according to the development and changes of the production and operation of the enterprise.
classification of trade secrets. Laws and regulations do not stipulate that business secrets should be classified, nor do they stipulate that the degree of legal protection of business secrets with different classifications is different. The classification of business secrets depends entirely on the needs of enterprise secrecy and the wishes of the obligee. From the principle of enterprise secrecy prevention, the classification and determination of business secrets are beneficial to the hierarchical management of business secrets, highlighting key points and ensuring the security of enterprise core secrets. The classification of trade secrets can be divided into three levels: A, AA and AAA (or secret, confidential and top secret) according to their importance to the interests of enterprises.
regarding the confidentiality period. The term of confidentiality is the time limit for keeping business secrets confidential. The law does not limit the period of keeping business secrets confidential, and the obligee can choose whether to keep them confidential or open them voluntarily. Because it is difficult to accurately grasp the value cycle and confidentiality cycle of trade secrets, the confidentiality period of trade secrets should not be clearly determined, and should be grasped randomly by the obligee according to the changes of the situation. But under special circumstances, it is necessary to determine the confidentiality period for specific information. For example, information that is applying for a patent, information that may be cracked and copied once the product enters the market, or information that is no different from public once it is implemented, has a clear confidentiality period. The significance of stipulating the confidentiality period of this part of information is to clearly separate the confidentiality period from the non-confidentiality period and make it clear to all employees, so that it will be strictly protected as a trade secret during the confidentiality period, and once the patent is applied for or the product is listed and the marketing strategy is implemented, it will be able to publicize and sell it without restraint. In addition, the purposeful disclosure, transfer and activation of some idle or outdated business secrets is beneficial to enterprises but harmless.