Study On The Standard Of Secrecy In Trade Secrets

The current Anti Unfair Competition Law further confirms the legislators’ adoption of the "three elements" theory of "confidentiality,value and confidentiality",reflecting the latest consensus on the constituent elements of trade secrets,in which "confidentiality" is a significant feature that distinguishes trade secrets from general business information.However,the obligee still faces some problems when proving that the information is not known to the public.For example,if the obligee fails to claim a reasonable scope of protection,it may be denied when determining whether it constitutes the object protected by trade secrets,and it cannot continue to enter the stage of infringement determination;Some courts have different standards for the identification of "difficult to obtain",so it is still necessary to further explore the impact of "input cost" on the identification of "secrecy";In addition,the identification of "secrecy" of technology secret cases still largely depends on the conclusions of expert opinions.How to streamline and standardize the expert opinions of trade secrets is also the research direction discussed by the academic community.This paper believes that the above issues can also provide clearer guidance for obligees and suspected infringers by improving the identification standards of "secrecy",in addition to increasing the application and understanding of existing laws,so that more trade secret cases can smoothly enter into the judgment of infringement through the identification of "secrecy",and promote the orderly development of the identification of "secrecy" of trade secrets in practice.