The Identification Of Trade Secrets

With the development of China's market economy, society and business trade secrets become the focus of attention. For information on how to identify a business that constitutes a trade secret, the usual practice is from the trade secret business information whether the composition of elements to be judged. However, there is specific to each element and do not know the criteria of uniform or vague, inconsistent. China's current laws and regulations and other trade secrets to the presence of constituent elements of the provisions of the comparison principle, operability is not strong, the specific content of its constituent elements and the correct meaning of the expression and understanding are not uniform, for the secrecy of trade secrets, Identification of management and so there are a lot of controversy. This makes our judicial practice in similar situations the same situations produce different results identified have occurred, the authority and impartiality of the legal practice of the protection of trade secrets had a negative impact. The judicial determination of the present stage, usually from the secrecy of trade secrets, commercial value, practicality and manageability to identify the four constituent elements, the paper tries to guide the practical point of view, the status quo in our country there is based on the Usually constitute a trade secret within the meaning of the specific elements were analyzed included to explain them in practice on the problems identified, in order to be able to play for the trade secret disputes temporary guide.The confidentiality of trade secrets is a relative, on the basis of information presented should be aware of the main business scope of the specific content of the object, and knows the way to identify the three aspects of the business information contentious whether the secret. he value of trade secrets in the identification, the paper will be divided into stealth value and the value of the dominant value in the different value of the specific problems you may encounter, such as the size of the value judgments implicit value of the proposed restrictions on the time Some constructive views. The practicality of the business secrets, the current debate focuses on whether the utility should be used as constituent elements of trade secrets exist, given our laws and regulations did not explicitly remove and the practicality of the constituent elements are still in judicial practice Determined whether the practical, as the case constitutes a trade secret, so this article will be trade secrets that make the expansion of practical and specific explanation, and not limited to "practical," the literal meaning. Management of trade secrets and judicial determination of reasonable security measures to judge the standard classification are discussed in detail. To identify ways in uncertainty before the trade secrets play a role in the transition of our current trade secret infringement issues identified in the benefit business secrets.