| Commercial Secrets are closely related to the survival and development of enterprises because of the huge commercial value.And this also led to the phenomenon of its violations have occurred.As Commercial Secrets infringement identified preconditions--Commercial Secrets in the judicial practice mainly around secrecy,confidentiality and value of the three elements to identify.By examining 72 cases of Commercial Secret disputes in 12 years in Shanghai,a general question was found: the court's determination of these elements was sometimes inappropriate,and some elements were found to be even ignored.In this regard,it is necessary to analyze the existing problems from the theory behind the elements and on this basis resolve general issues in the determination of Commercial Secrets.First,secrecy as a basic component,regardless of whether the form of complaint information is known,should meet its part can be distinguished from ordinary information is not open,with the industry competitors difficult to obtain.Then,for confidentiality,the existence of a confidentiality measure itself is a prerequisite,and in special circumstances the particular identity of the accused should be taken into account.The scope of confidentiality is a manifestation of the willingness of the right holder to keep confidential and should contain the secret points involved.Confidentiality measures shall be reasonable and effective,and shall be implemented in all aspects of the protection of Commercial Secret and the confidentiality oblige shall know the confidentiality object.The determination of confidentiality should adhere to the subjective and objective principle of consistency.Finally,value is the reason why commercial secrets can be protected by law.Value judgment should considering what the oblige paid for is the work to obtain the information,and the information has application possibilities.It also has the basic advantage compared with the general information to wards to the value of possession and application. |
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