1. Non-disclosure
The premise of trade secrets is that they are not known to the public, while other intellectual property rights are public, and patent rights even require disclosure to a considerable extent. .
2. Non-exclusiveness
The exclusivity of trade secrets is not absolute and does not have exclusivity. The owner of a trade secret cannot prevent those who have developed and mastered the information before him from using or transferring the information, nor can he prevent those who have developed and mastered the information after him from using or transferring the information.
3. Interest-related
It can enable operators to obtain benefits, obtain competitive advantages, or have potential commercial benefits.
4. Term protection
The protection period of a trade secret is not statutory and depends on the obligee’s confidentiality measures and the disclosure of the secret by others. A technical secret may last for a long time due to the right holder's effective confidentiality measures and the application value of the technology itself, far exceeding the period of protection of the patented technology.
Extended information:
Legal protection
First: From the perspective of the relationship between the trade secret holder and the person who infringes the trade secret, apart from the two parties, there is no relationship, except when the infringer infringes on trade secrets through improper means, such as theft, inducement, coercion, etc., infringement of trade secrets mainly occurs in sales, contracts, authorizations, and employment relationships. Among them, infringement of business secrets is most likely to occur in the employment relationship. Act in secret.
Second: In the case of labor relations, existing laws have a premise for the protection of business secrets, that is, the workers are self-operated or operated for others, excluding the workers' transfer to other enterprises. work situation.
Article 148 of the Company Law stipulates that directors, supervisors and senior managers shall abide by laws, administrative regulations and the company's articles of association, and have a duty of loyalty and diligence to the company.
Third: Different laws have different protection scopes for trade secrets. The protection scope of the Anti-Unfair Competition Law is broad, which is mainly reflected in three aspects: First, the Anti-Unfair Competition Law has no restrictions on the qualifications of the infringing subject. All workers who know business secrets and violate agreements or regulations can constitute infringement. Trade secrets.
Fourth: The Anti-Unfair Competition Law not only regulates employees’ keeping of business secrets during their working life, but also regulates their keeping of business secrets after they leave their jobs. However, company law and criminal law only regulate workers' behavior of keeping business secrets during their tenure.
Baidu Encyclopedia-Business Secrets