The scope of protection of trade secrets is as follows:
1. Products. It refers to a product that is developed by the company itself and has commercial value. Before it is patented, it can be called a trade secret. Even if the product itself is not a trade secret, the ingredients and methods of composition of the product may become trade secrets.
2. Formula. Industrial formulas are a common form of trade secret. The formulas and chemical synthesis of many foods, the exact ingredients of cosmetics and the proportions of various contents are valuable trade secrets. For example, the formula of "Coca-Cola" beverage is famous all over the world as a trade secret.
3. Process procedure. It refers to a number of equipment that, through a specific combination, can become a highly efficient process. This process may become a trade secret.
4. Machinery and equipment and their improvements. In the market, equipment purchased publicly through normal channels cannot be regarded as a trade secret. However, if the company improves it in a unique way, it will be more productive or have more uses. Then, this improvement can be regarded as a trade secret.
5. Research and development documents. How a company records its research and development activities in documents is also a trade secret. Design blueprints, drawings, computer data, experimental results, and designs that specifically indicate the development process all fall into this category. Even documents and records of failed experiments also fall into this category and must not fall into the hands of competitors.
6. Communication. A company's general correspondence is not a trade secret because it is not an object of protection. However, some specific communications are related to the company's business activities and are related to the overall situation. If it falls into the hands of competitors, it will be of great help to the other party. Such communications are regarded as trade secrets.
7. Internal company documents. The company has many documents that are important to all aspects of the company's business activities and should be included in the scope of trade secrets as much as possible.
Business secret protection measures:
1. Strengthen the guard system;
2. Strengthen the management of confidential areas;
3. Strengthen Information management;
4. Establish an internal confidentiality system;
5. Break down the salary structure and increase confidentiality allowances;
6. Enter into a confidentiality agreement;
7. Establish a complete personnel system;
8. Sign a business secret confidentiality contract with collaborators.
To sum up, the scope of protection of trade secrets mainly includes: strategic planning, management methods, business models, restructuring and listing, mergers and acquisitions, property rights transactions, financial information, investment and financing decisions, production and purchase strategies, Resource reserves, etc.
Legal basis:
Article 219 of the Criminal Law of the People's Republic of China
The crime of infringement of trade secrets includes the following: infringement of trade secrets If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be fined:
(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; Trade secrets;
(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets by disclosing, using or allowing others to use trade secrets in their possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secrets.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.