In today's increasingly fierce business competition, trade secrets as the core competitiveness of enterprises, its protection is very important. Recently, we had the honor to participate in the theme sharing meeting of "trade secret protection practice and analysis of judicial judgment points". Senior judges of Shanghai Higher People's court came to the scene and brought a knowledge feast full of dry goods, which lit up the light for enterprises on the road of trade secret protection.

At the beginning of the sharing session, the judge emphasized the strategic position of trade secrets in the development of enterprises.With the fierce competition in the market, the frequent leakage of trade secrets not only brings huge economic losses to enterprises, but also affects the long-term development of enterprises.Subsequently, the judge combined with the typical cases tried in Shanghai in recent years, and analyzed the judicial judgment points of trade secret protection in a simple and profound way.

In the identification of trade secrets, the judge pointed out that,To constitute a trade secret, the three elements of confidentiality, value and confidentiality must be met at the same time.. Secrecy requires that the information is not known to the public; the value is reflected in the economic benefits that can be brought to the right holder; and confidentiality requires the right holder to take reasonable measures of confidentiality. Taking the infringement case of the customer list of a technology company as an example, the judge elaborated in detail how the court judged whether the enterprise had taken effective confidentiality measures to the information from the aspects of contract terms, employee confidentiality agreement, data encryption measures, etc., so as to make the obscure legal provisions easy to understand.

For the identification of violations,The judge focused on common means of infringement, such as employees changing jobs to take away trade secrets, competitors obtaining secret information through improper means, etc.. In a well-known pharmaceutical company formula leakage case, the former employees violated the non-competition agreement and leaked the core formula of the enterprise to competitors. The judge analyzed that when hearing such cases, the court will comprehensively consider the integrity of the chain of evidence, including the connection between the former employee and the new enterprise, the similarity of technical information, and so on, so as to judge whether the infringement is established.

In the way of legal relief, the judge stressed that enterprises should take timely measures to safeguard their rights and interests.Once you find that your trade secrets have been violated, you can defend your rights through consultations, administrative complaints, civil lawsuits, and even criminal charges.. At the same time, the judge reminded enterprises to do a good job in the basic work of trade secret protection in daily operation, establish a sound confidentiality system, sign detailed confidentiality agreements and competition restriction agreements with employees, and carry out regular confidentiality training to reduce the risk of leakage from the source.

As a pilot unit of trade secrets in Hongkou District, Lingze Technology has always attached great importance to the protection of trade secrets.Trade secret is the core foundation and intangible asset of high-quality development of enterprises, and it is the key for enterprises to participate in market competition. Lingze Technology knows that the protection of trade secrets is essential to maintain the competitiveness and sustainable development of enterprises. It has passed the ISO27001information security management systemCertification, always put compliance management in the first place, uphold the "pragmatic innovation, high-quality development" concept.

The trade secret protection training held this time is an important measure for the practice and implementation of Lingze Technology as a pilot unit of trade secrets.Through this training, the purpose is to further strengthen the enterprise's internal awareness of the protection of trade secrets, improve relevant protection measures and systems, enhance the awareness of all employees to protect trade secrets, and effectively implement the protection of trade secrets to better safeguard The core interests of the enterprise continue to maintain a leading edge in the fierce market competition.

Trade secret protection is a war without gunpowder smoke. Only by knowing yourself and your enemy can you fight without danger.. In the future, we will continue to do a good job in the practice of trade secret demonstration sites, escort the healthy development of enterprises, and practice the new commercial civilization.