Since condition to protect Business confidential information is strict, enterprises are concerned about the necessary to meet such condition. Otherwise, they cannot handle any disputes caused by unauthorized disclosure of their business confidential information.
Owners of Business Confidential Information shall not have the right to prevent others from performing the following acts:
(a) Disclosing or using Business Confidential Information acquired without knowing or having the obligation to know that they were unlawfully acquired by others;
(b) Disclosing secret data in order to protect the public according to the provisions of clause 1 of article 128 of intellectual property Law;
(c) Using secret data stipulated in article 128 of intellectual property Law not for commercial purposes;
(d) Disclosing or using Business Confidential Information obtained independently;
(dd) Disclosing or using Business Confidential Information obtained by analyzing or evaluating lawfully distributed products, unless otherwise agreed upon by analyzers or evaluators and owners of such Business Confidential Information or sellers of such products.
A trade secret shall be eligible for protection when it satisfies the following conditions:
1. It is neither common knowledge nor easily obtainable.
2. When used in business activities, the trade secret will create for its holder advantages over those who do not hold or use it.
3. The owner of the trade secret maintains its secrecy by necessary means so that the secret will not be disclosed nor be easily accessible.
Our professional trademark attorneys and trademark lawyers are capable of advising on the following aspects:
• – Drafting business confidential information contract between enterprises and related parties
• – Advising on actions which may potentially lead to disclose confidential information, and then breach confidential information contract.
• – Advising actions against breach of confidential information contract.
• – Working with related parties to handle the dispute when contract is breached.
• – Representing clients to bring the case before the court.
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