Business secrets are violated, how to "self-help and help"?
Release time:
2021-05-26 15:21
Business trade secrets are violated, how"Help and help"?
In recent years, more and more cases about trade secrets have been reported, and the number of civil and criminal cases involving trade secrets has also shown a trend of increasing the amount of money involved.
Jiangnan Environmental Protection Co., Ltd. initiated a civil lawsuit while the public security department filed an investigation on suspicion of infringing trade secrets. Jiangsu Kexing Environmental Protection Service Co., Ltd., Anhui Keda Jieneng Co., Ltd., and Liu Huaiping filed a civil lawsuit against Nanjing Intermediate People's Court for infringement of technical secrets.0.1 billion yuan, this shows how significant the protection of trade secrets is.

1. what is a trade secret?
Trade secrets refer to technical information, business information and other commercial information that is not known to the public and has commercial value and has been protected by the right holder.
How do 2. protect trade secrets?
(I) general measures (not specific to trade secrets)
1.Formulate a confidentiality management system, and put forward confidentiality requirements for employees, suppliers, customers, and visitors who can contact and obtain trade secrets through articles of association, training, rules and regulations, and written notification.
2.Sign a confidentiality agreement or agree on the obligation of confidentiality in the contract, and expressly agree on the obligation of confidentiality in the non-competition agreement.
Post-employment exit interview to remind and warn current and former employees to fulfill their confidentiality obligations; (postTalkWords, ResignationConversation)
3.Taking measures to prohibit or restrict the use, access, storage, and copy of computer equipment, electronic equipment, network equipment, storage equipment, software, etc. that can contact and obtain trade secrets.
(II) selective measures (for specific trade secrets)
1.Limit the classification, confidentiality period and scope of knowledge of classified information, and only inform relevant personnel who must know the content.
2.For classified machines, factories, workshops and other places to restrict visitors, take basic physical isolation measures, such as access control, monitoring, authority control, etc.
3.To distinguish and manage trade secrets and their carriers by means of marking, classification, isolation, encryption, sealing, and limiting the scope of persons who can be contacted or obtained.
4.Require the former employee to register, return, clear, destroy the business secrets and their carriers contacted or obtained, and continue to bear the obligation of confidentiality.

What 3. trade secrets are violated?
The enterprise shall report to the market supervision department after preliminary collection of evidence materials, and the specific materials to be provided are as follows:
(I) complaint or report;
Copy of (II) business license;
Specific contents of (III) trade secrets;
(IV) the specific circumstances of the use of the trade secret in the production and operation activities;
(V) confidentiality measures;
(VI) the relevant information of the suspected infringer, including registration information, production and operation conditions and relevant information of the persons involved;
(VII) the access or possibility of the suspected infringer to the trade secret;
(VIII) the technical or commercial information used by the suspected infringer and the business of the right holder.SecretBasically consistent
(IX) other material related to the infringement

Here, the Jiangbei New District Rights Protection Sub-center would like to remind you that when submitting evidence materials, it is best to go to a retrieval agency approved by the Ministry of Justice to obtain non-public identification reports and secret identification reports, and then go to the market supervision department to report after obtaining the identification reports. Only in this way can you finally obtain rights relief and the incident be satisfactorily resolved!
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