Protection measures of technical secrets

The protection measures of technical secrets include: preventive protection, confidentiality clause and upgrade protection.

1, preventive protection. After the technical scheme is formed, before implementation, we should fully consider some decryption behaviors that others are most likely to take after the method or product enters the market, especially the prevention of reverse engineering, and take targeted security measures.

2. Confidentiality clause. One of the important ways to realize the value of technology secret is technology license. Theoretically speaking, every time a technical secret is licensed, the risk of losing it will increase, so a confidentiality clause must be added to the signed license contract. The confidentiality clause shall include the contents and scope of confidentiality, the duration of confidentiality, confidentiality measures, and the responsibility for confidentiality losses.

3. Upgrade and improve the protection technology, so that it can be upgraded continuously, which can not only meet the requirements of the market, but also be a good strategy for the protection of technical secrets, which can deter thieves. For the technical secrets that may have been infringed and have the risk of being compromised after being put into the market, the obligee should decisively choose to apply for a patent to avoid being placed in a passive position by others.

Characteristics of technical secret protection

1. Autonomy: Patents are protected by special patent laws, while technical secrets, like people's privacy, are mainly kept secret by the obligee.

2. Openness: the protection of patent rights has a time limit, but technical secrets have no protection period.

3. Non-territoriality: The patent right granted by a country or region is only valid in that country or region, and has no legal effect on other countries and regions. There are no geographical restrictions on technical secrets.

4. Relative security: After the patent technology is made public, it will inevitably lead to their imitation and infringement, while the protection of technical secrets is highly targeted, and usually only those who have access to technical secrets need to be considered.

5. Content variability: After a patent is published in the Patent Office and granted a patent certificate, its content cannot be changed. There are no restrictions on technical secrets.

6. High risk: the protection of technical secrets must be foolproof. Once it is made public or leaked, the factual exclusive right of technical secrets may be lost.