Once the formula of Coca-Cola is published, it is easy to imitate and can be realized without complicated equipment. The threshold of infringement is very low, so the company chose the secret recipe, which is more suitable for the protection of this product.
Relevant legal basis:
1 the first paragraph of article 10 of People's Republic of China (PRC)'s Anti-Unfair Competition Law lists three prohibited norms that infringe on trade secrets; The second paragraph is an explanatory norm to define unfair competition; Article 20 is about the provisions on the liability for damages for infringement of trade secrets.
2. Articles 24 and 80 of the Company Law of People's Republic of China (PRC) stipulate that shareholders of a limited liability company or a joint stock limited company may contribute capital with non-patented technology (including technical secrets in trade secrets) to the extent of non-patented technology; The provisions of the first paragraph of Article 6 1 and the second paragraph of Article 123 on the prohibition of non-competition of directors and managers of limited liability companies and joint stock limited companies; Article 62 and paragraph 2 of Article 123 prohibit directors, supervisors and managers from revealing business secrets of the enterprise or company; Article 2 15 stipulates the civil liability and other liabilities of directors and managers who violate the non-competition restriction.
3. Paragraph 1 of Article 5 of the Law of People's Republic of China (PRC) on Chinese-foreign Joint Ventures stipulates that all parties to a joint venture may invest in industrial property rights (including technical secrets in trade secrets).
4. Article 8 of the Law of People's Republic of China (PRC) on Chinese-foreign Cooperative Enterprises stipulates that Chinese and foreign parties may provide industrial property rights and non-patented technologies (including technical secrets in trade secrets) as cooperation conditions.
5. The provisions of Article 1 18 of General Principles of Civil Law of People's Republic of China (PRC) on civil liability for infringing other scientific and technological achievements (including technical secrets in trade secrets).
6. Paragraph 2 of Article 10 of the Law of People's Republic of China (PRC) on Inspection of Import and Export Commodities stipulates that the staff of the State Commodity Inspection Bureau and the commodity inspection authorities are obliged to keep confidential the business secrets they know when performing their duties of inspection of import and export commodities; Article 37 Where the staff of the State Administration for Commodity Inspection and the commodity inspection authorities violate the provisions of this Law and disclose the business secrets they know, they shall be investigated for administrative responsibility and criminal responsibility according to law.
7. Article 22 of the Labor Law of People's Republic of China (PRC) stipulates that the parties may agree in the labor contract to keep the business secrets of the enterprise; Article 102 stipulates that if the confidentiality provisions in the labor contract are violated and losses are caused to the enterprise, the enterprise shall be liable for damages.
8. The provisions of Article 2 19 of the Criminal Law of People's Republic of China (PRC) on the crime of infringing business secrets and the criminal responsibility it should bear.
administrative laws and regulations
1, Article 2, Paragraph 2, Regulations of People's Republic of China (PRC) on the Administration of Technology Import and Export, on the transfer of technical secrets.
2. Paragraph 1 of Article 26 of the Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) Municipality on Foreign-funded Enterprises stipulates that foreign investors can use industrial property rights (including technical secrets in trade secrets) to make capital contributions at a fixed price.