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How Do Entrepreneurs Keep Business Secrets?

2010/10/12 17:07:00 102

Entrepreneur

   Trade secret It refers to all the information that is owned by an enterprise and has commercial value and is not publicly known. Include enterprise Technical secrets, business management experience and other key information, the specific contents include: product design, tooling mold, manufacturing method, process, material formulation, empirical formula, test data, computer software and algorithm, design, information, data, drawings, models, samples and objects; existing and developing business management methods, pricing methods, sales methods and other business activities; business plan, product development plan, financial situation, internal business procedures, suppliers, distributors and Customer List, customer's special needs, undisclosed sales network and other business activities information; according to the law and agreement, the third party's confidential business secrets to the third party; and other information that the enterprise requires employees to keep secret and related to the group.


Then, how to protect the business secrets? First, we must do a good job of guarding ahead, that is, we should take confidential measures according to the provisions of the anti unfair competition law. First, we must delineate confidentiality areas, strengthen security measures in confidential areas, and define management measures. Second, the important documents and materials of enterprises should be determined in a timely manner and their confidentiality level should be determined, and the confidentiality seal should be added to be archived or destroyed. At the same time, measures should be worked out for documents management, borrowing, copying and destroying, as well as the way of reviewing external documents. Third, confine business secrets to employees who must understand the secret and the third party, the scope of the contract, the knowledge that workers should limit, and strengthen the confidentiality education for employees. Fourth, determine the obligation of confidentiality in the contract. Including: in the labor contract or special confidentiality contract, signed a written confidentiality agreement with the employees, requiring employees to keep confidential the business secrets of all the enterprises that are exposed to work during the working period and the business secrets of other enterprises that bear the responsibility of confidentiality. It should be stipulated that employees should not disclose any business secrets they know during a certain period after they leave the enterprise, and must not engage in competition with enterprises. However, they must have the premise of paying confidential and non competitive expenses to employees. In the economic contracts signed abroad, a confidentiality clause is written, requiring the party to promise not to disclose the business secrets of the enterprises that are in the process of performing the contract, otherwise it will be liable for breach of contract and compensation. In addition, the state should establish a business secret protection system and set up supervisors, and the leaders of enterprises will also regularly check secrecy.


Secondly, after the infringement of business secrets, legal measures should be taken to protect the business secrets of enterprises. The tenth provision of China's Anti Unfair Competition Law stipulates that "breach of contract or violation of the requirements of the obligee to maintain commercial secrets, disclosure, use or allowing others to use their business secrets" is an infringement and is fined l to 200 thousand yuan. Therefore, when a trade secret is found to be infringed and damaged, it should be prosecuted in a people's court in order to safeguard its legitimate rights and interests.

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