Judicial Determination of Confidentiality in Trade Secrets

Abstract

Trade secrets as one of the core competitiveness of enterprises, related to the survival of enterprises. In the commercial competition, trade secrets is undoubtedly the right person’s wealth code, how the right person to take effective measures to protect trade secrets from being stolen is a matter of concern. In recent years, the practice of trade secret disputes have increased year by year, in the protection of trade secrets dispute cases, the right and the defendant on the identification of trade secrets, especially on the identification of confidentiality has always been the focus of controversy. Even though more and more enterprises on trade secret protection awareness is increasing. But from the many relevant judicial cases, can be seen: trade secrets in practice for trade secrets protection measures still have great loopholes, specifically manifested as: the right to protect the meaning of trade secrets is not clear, the protection of the object is not specific, the duty of confidentiality can not be confidential subject to know or limitations; confidentiality measures and the value of trade secrets are not adaptive; confidentiality measures can not be recognized and so on. This paper combines the recent judicial practice cases, to explore in practice to achieve the “corresponding confidentiality measures” of the core conditions, and in this way for the enterprise to establish trade secret protection system to provide reference.