Research On The Rationality Of Confidential Measures For Trade Secrets

The actions taken by the owner of a trade secret in order to keep secret information is objective condition for the information to meet confidentiality.But the reasonableness of confidentiality measures is the prerequisite for the secret information to be truly commercial secrets.The determination of reasonableness has always been a difficult issue in judicial adjudication.The legal requirements are scattered and vague.And different judges’ perceptions of themselves and their understanding of legal provisions differ,it is easy to lead to different judgments in the same case.At this stage,our country has not formed a specific and comprehensive determination rule content based on the establishment of the corresponding secrecy measures determination framework,and the standard for determining the reasonableness of confidentiality measures in practical judgments has also been lowered all the way.Therefore,it is urgent for our country to adopt the criterion of subjective and objective combination,redefine the identifiability of confidentiality measures,regard confidentiality agreements as the most basic confidentiality measures,and distinguish the management of trade secrets.Introduction of core technical secret risk assessment mechanism,further build a relatively perfect confidentiality measures rationality recognition system.The main content of this article consists of the following four parts:The first part is an overview of the rationality of confidentiality measures.This part is composed of three parts: the definition of the rationality of confidentiality measures,the legislative analysis of the rationality of our country’s confidentiality measures,and the legislative analysis of the rationality of extraterritorial secrecy measures.It mainly explains part of the basic content of the rationality of confidentiality measures.Chapter two—— empirical analysis of the rationality of secrecy measures.This section discusses the issues that still exist in practice regarding the reasonableness of confidentiality measures from two aspects: the reasonable confidentiality measures taken by the enterprise and the court’s judgment that the confidentiality measures are reasonable.Chapter three—— the dilemma analysis of the rationality of confidentiality measures.At present,this problem is mainly reflected in two aspects: first,the judgment standards for the rationality of confidentiality measures in various regions in China are different;second,the operability of the judgment standards for the rationality of confidentiality measures is low.Part Four-Thoughts and Suggestions on Improving the Criteria for the Rationality of Secrecy Measures.This part puts forward several suggestions from three aspects: the minimum standard for the reasonableness of confidentiality measures,the use of confidentiality agreements as the most basic reasonable confidentiality measures,and the differentiated management of trade secrets.