How does business investigation protect business secrets?
Business investigates what constitutes a so-called trade secret and what information meets the legal criteria to protect it as a trade secret. According to the relevant provisions of China's "Anti-Unfair Competition Law", the right holder has taken appropriate confidentiality measures. So how does a legal adviser protect a company's trade secrets?
1. Constitutive elements of trade secrets
What constitutes a trade secret, and what information meets the legal standards for protecting it as a trade secret? According to the relevant provisions of China's "Anti-Unfair Competition Law", the following three conditions must be met at the same time to constitute a trade secret: not known to the public; Economic practicality; The right holder has taken appropriate security measures.
Not known to the public means that the information is not directly available through public channels. It implies both novelty and secrecy.
The economic utility of trade secrets means that trade secrets can bring actual or potential economic value or competitive advantage to the owner through current or future use, but can not bring economic value and other information will not constitute trade secrets. The management of trade secrets requires that the right holder of trade secrets must take reasonable and appropriate confidentiality measures to achieve the purpose of strict confidentiality.
Second, protect the business secrets of enterprises
(1) Clarify the scope of trade secrets
Enterprise includes two aspects of operation and technology, and the trade secret in enterprise technical information refers to "design, program, product formula, production process, production method" and other information.
(2) Confirm the violation of trade secrets
There are six forms of infringement of trade secrets, including obtaining the trade secrets of the right holder by theft, inducement, coercion or other improper means, disclosing, using or allowing others to obtain the trade secrets of the right holder by means mentioned in the preceding paragraph, violating the contract agreement of the unit or individual having business relations with the right holder or violating the requirement of the right holder to keep the trade secrets, Disclose, use or allow others to use the business secrets of the right holder in their possession.
It is also a major form for employees of the right holder to obtain, use or disclose the right holder's trade secrets from the infringer in violation of the contract or the right holder's requirements for keeping trade secrets, disclose or use the trade secrets they have, or allow others to use the trade secrets they have in their possession, or for the third party to know or should know the illegal acts of infringing trade secrets, and still obtain, use or disclose the right holder's trade secrets from the infringer. Or employ persons with high salaries or other favorable conditions who possess or understand the business secrets of the right holder to obtain, use and disclose the business secrets of the right holder.
(3) Consequences of infringement of trade secrets
In order to strengthen the protection of trade secrets, China's "Anti-Unfair Competition Law" has made clear relevant provisions, stipulating the relevant civil liability for infringement of trade secrets, that is, if a business operator violates the relevant provisions of the law and causes damage to the infringed business operator, it should bear the liability for damage; The corresponding administrative responsibility is also stipulated, that is, the supervision and inspection department shall order the violation of trade secrets to stop the illegal act, and may impose a fine of more than 10,000 yuan and less than 200,000 yuan according to the relevant circumstances.
The above is the relevant interpretation of the "protection of enterprise trade secrets", in addition, the relevant civil liability for infringement of trade secrets, that is, the operator violates the provisions of the law and causes damage to the infringed operator, should bear the corresponding damage liability; It also provides for the assumption of corresponding administrative responsibilities.
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