Research On Cognizance Of Trade Secret Confidentiality Measures

With the acceleration of the new technological revolution and the process of globalization,trade secrets have increasingly become an important form of intellectual property protection for enterprises,and have also become the focus of attention of countries around the world.Decisions of The Fourth Plenary Session of the Nineteenth Central Committee clearly stated that enterprises should strengthen the protection of trade secrets.The relevant clauses of trade secrets in the "Economic and Trade Agreement" also occupy the top position.In recent years,the United States and the European Union have specifically formulated more comprehensive trade secret protection laws,which are intended to strengthen the protection of trade secrets in the country and the region.The market value of trade secrets comes from the competitive advantages brought about by "secretness".To maintain secrecy,reasonable confidentiality measures must be taken to achieve it.Holders of trade secrets can only obtain legal remedies after the infringement occurs by taking reasonable measures to keep secrets,but the rational secrecy measures prescribed by the law have not been clarified,and the development of big data technology has brought new measures to the determination of secrecy measures.challenge.Combined with the theoretical basis and judicial cases of China's trade secret secrecy measures construction,the principles and considerations of judicial recognition of secrecy measures in the United States and the European Union are studied and learned.This paper holds that the improvement of China's security measures can be identified from three aspects.First,the judicial interpretation should redefine the factors that can be considered for the identification of confidentiality measures,and clarify and type confidentiality measures for digital technologies.Secondly,in the judicial determination of confidentiality measures,the court should unify the logic of the trial.When a highly specialized field or technology is involved,industry experts may be invited to determine the opinion.Finally,the determination of confidentiality measures involving cloud service technology should focus on the confidentiality of trade secret holders.