What is a business secret? General conditions for protected trade secrets

1. Concept

Pursuant to Clause 23, Article 4 of the 2005 Intellectual Property Law as amended by Clause 2, Article 1 of the 2009 Amended Intellectual Property Law, it is stipulated as follows:

“23. A business secret is information obtained from financial and intellectual investment activities that has not been disclosed and is capable of being used in business.

Thus, it can be understood that a business secret is information obtained from financial and intellectual investment activities that has not been disclosed and can be used in business.

What are the conditions for protecting business secrets?

Pursuant to Article 84 of the Intellectual Property Law 2005, the general conditions for protected business secrets are as follows:

2. General conditions for protected business secrets

Business secrets are protected if they meet the following conditions:

1. Not common knowledge and not easily obtained;

2. When used in business, it will give the holder of a business secret an advantage over someone who does not hold or use that business secret;

3. Be kept confidential by the owner using necessary measures so that the business secret is not disclosed and is not easily accessible.

Thus, a business secret is protected if it meets the following general conditions:

- Not common knowledge and not easily obtained;

- When used in business, it will give the holder of a business secret an advantage over someone who does not hold or use that business secret;

- Be kept confidential by the owner using necessary measures so that the business secret is not disclosed and is not easily accessible.