What are the differences and connections between trade secrets and intellectual property?
Beijing Bentong Law Firm analyzes the differences and connections between trade secrets and intellectual property rights as follows.
The difference between trade secrets and intellectual property rights: According to the newly revised "Anti-Unfair Competition Law", trade secrets refer to technologies that are not known to the public, have commercial value, and the right holder has taken corresponding confidentiality measures Information and business information. According to Article 123 of the General Principles of the Civil Law, intellectual property rights are works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties, and legal provisions. exclusive rights enjoyed by other objects.
The difference between the two is reflected in the following aspects: First, trade secrets are not exclusive in the strict sense. They cannot be used against third parties who independently develop the same secret. Anyone who obtains the same secret through legal channels Trade secrets can be used and transferred by any third party. That is to say, as long as the trade secret is not obtained through improper means, the same trade secret can be enjoyed by several right holders at the same time.
Traditional intellectual property rights are exclusive in the strict sense and can be used against any entity that uses the intellectual property without the consent or authorization of the right holder. Secondly, the protection methods are different.
Traditional intellectual property protection requires application, authorization by the state, disclosure of the technology, and restrictions on use by other entities without the consent of the rights holder. Trade secrets do not require application, let alone authorization. The main way to protect them is for the right holder to take confidentiality measures and strictly control the scope of knowledge so that the trade secrets are not known to the public.
Finally, the time limits for trade secret and traditional intellectual property protection are different. The protection period of a trade secret is indefinite. If it can be permanently unknown to others and has commercial value, it will enjoy an unlimited protection period; if others obtain the trade secret through legal means, the protection period of the trade secret will be shortened.
Traditional intellectual property rights have specific protection periods depending on the objects of protection. When the protection period expires, the intellectual property rights are no longer protected by law. The connection between trade secrets and intellectual property rights is mainly reflected in the following: First, trade secrets are included in the protection objects of intellectual property rights. Article 123 of the "General Principles of the Civil Law": Civil subjects enjoy intellectual property rights in accordance with the law, and intellectual property rights are the rights holders' commercial rights in accordance with the law. Exclusive rights enjoyed by objects including secrets.
Secondly, as a special intellectual property object, trade secrets are increasingly protected by law. The newly revised "Anti-Unfair Competition Law" increases the protection of trade secrets. Consult Bentong Law Firm for details.
Are trade secrets intellectual property rights?
Several definitions of intellectual property rights
Intellectual property rights are also called "intangible property rights". In a broad sense, they are <<; The scope defined in the Convention Establishing the World Intellectual Property Organization >>; In a narrow sense, it includes industrial property rights and copyright. According to the relevant intellectual property laws of our country, the types of intellectual property rights in our country mainly include copyright, trademark rights, patent rights and other types of rights.
There are different definitions of intellectual property rights internationally
Intellectual property rights The first definition is based on the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. It defines intellectual property rights as two parts, one is copyright and the other is industrial property. The so-called copyright refers to copyright, and industrial property rights include invention patents, utility models, designs, trademarks, service marks, manufacturer names, names of origin and the suppression of unfair competition. The definitions of the "Paris Convention" and the "Berne Convention" are traditional definitions and at the same time basic definitions. They are definitions adopted by other conventions and used as basic principles.
The "Convention Establishing the World Intellectual Property Organization" (1967) does not define intellectual property rights, but stipulates that the objects protected by intellectual property rights are as follows: first, literary, artistic and scientific works; second, , performing artists, recordings and broadcast performances, this only refers to the rights of publishers, producers of audio and video products, and artistic performers related to copyright. Third, inventions in all human activities refer to patents. Fourth, scientific discovery. Fifth, appearance design, appearance design of handicrafts. Sixth, trademark service mark, manufacturer name and brand name, this is about trademarks and brands. Seventh, stop unfair competition.
Eighth, all other rights derived from intellectual activities in the fields of industry, science, literature and art.
The third definition of intellectual property is that defined by the World Trade Organization’s Agreement on Intellectual Property Rights. The full name of this agreement is called the Agreement on Trade-Related Aspects of Intellectual Property Rights. It is based on the recognition of the "Paris Convention" and the "Berne Convention" and the relevant definitions of the World Intellectual Property Organization and is connected with previous agreements. From promoting economic globalization The definition made from a cultural perspective includes the following contents: The first is copyright and related rights (including computer software). The second is commodity trademarks and service marks, with special emphasis on giving special protection to well-known trademarks. The third is the appearance design of the handicraft. Fourth, geographical indications. The fifth is invention patent. Sixth, new plant varieties refer to plant varieties discovered in the wild or that have been cultivated and developed. As long as they are novel, specific, transplantable, and appropriately named, they can be enriched with variety rights like patents. Seventh, integrated circuits are not designed. Eighth, undisclosed information (trade secrets). What kind of business secrets, including technology-intensive and operating secrets, as long as the secret has not been made public, in legal terms, the legal content and precise outline cannot be obtained from public channels, the second is valuable and useful, and obtaining this Technical secrets and business secrets that can obtain economic benefits or form competitive advantages.
Comparison of three definitions:
my country does not have a clear definition of proprietary technology. The more influential definition adopted by many countries is the proposal of the Hungarian delegation adopted at the International Union for the Protection of Industrial Property held in Budapest in 1969: “Knowledge refers to a limited range of expertise that enjoys a certain value and can be used. Known technical knowledge, experience, data, methods or combinations of the above objects that have not been disclosed in their complete form anywhere and have not obtained any form of protection as industrial property rights.”
From the above definition, we can know that expertise. Technology does not fall under the narrow sense of intellectual property rights, but falls under the broad category of intellectual property rights.
The difference between trade secrets and intellectual property rights
Trade secrets refer to matters related to the rights and interests of a company, determined in accordance with specific procedures, and limited to a certain range of personnel within a certain period of time.
It usually includes: (1) Secret matters in the company’s major decisions. (2) The company’s business strategies, business directions, business plans, business projects and business decisions that have not yet been implemented.
(3) Contracts, agreements, opinions, feasibility reports, and major meeting minutes held within the company. (4) The company’s financial budget and final accounts reports and various financial statements and statistical statements.
(5) Various types of information held by the company that have not yet entered the market or have not been made public. (6) Company personnel personnel files, salary, service income and information.
(7) Other matters that the company determines should be kept confidential. A patent means that the company enjoys the technical rights for a certain product, and other people (or companies) cannot produce similar products without a license.
What are the differences and connections between trade secrets and intellectual property?
Beijing Bentong Law Firm analyzes the differences and connections between trade secrets and intellectual property rights as follows.
The difference between trade secrets and intellectual property rights: According to the newly revised "Anti-Unfair Competition Law", trade secrets refer to technologies that are not known to the public, have commercial value, and the right holder has taken corresponding confidentiality measures Information and business information. According to Article 123 of the General Principles of the Civil Law, intellectual property rights are works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties, and legal provisions. exclusive rights enjoyed by other objects.
The difference between the two is reflected in the following aspects: First, trade secrets are not exclusive in the strict sense. They cannot be used against third parties who independently develop the same secret. Anyone who obtains the same secret through legal channels Trade secrets can be used and transferred by any third party. That is to say, as long as the trade secret is not obtained through improper means, the same trade secret can be enjoyed by several right holders at the same time.
Traditional intellectual property rights are exclusive in the strict sense and can be used against any entity that uses the intellectual property without the consent or authorization of the right holder. Secondly, the protection methods are different.
Traditional intellectual property protection requires application, authorization by the state, disclosure of the technology, and restrictions on use by other entities without the consent of the rights holder. Trade secrets do not require application, let alone authorization. The main way to protect them is for the right holder to take confidentiality measures and strictly control the scope of knowledge so that the trade secrets are not known to the public.
Finally, the time limits for trade secret and traditional intellectual property protection are different. The protection period of a trade secret is indefinite. If it can be permanently unknown to others and has commercial value, it will enjoy an unlimited protection period; if others obtain the trade secret through legal means, the protection period of the trade secret will be shortened.
Traditional intellectual property rights have specific protection periods depending on the objects of protection. When the protection period expires, the intellectual property rights are no longer protected by law. The connection between trade secrets and intellectual property rights is mainly reflected in the following: First, trade secrets are included in the protection objects of intellectual property rights. Article 123 of the "General Principles of the Civil Law": Civil subjects enjoy intellectual property rights in accordance with the law, and intellectual property rights are the rights holders' commercial rights in accordance with the law. Exclusive rights enjoyed by objects including secrets.
Secondly, as a special intellectual property object, trade secrets are increasingly protected by law. The newly revised "Anti-Unfair Competition Law" increases the protection of trade secrets. Consult Bentong Law Firm for details.