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何谓商业秘密?各国法律有不同的定义。第八届全国人大常委会第三次会议通过的《反不正当竞争法》首次对商业秘密的概念作了界定,即“指不为公众所知悉,能为权利人带来经济利益,具有实用性并经权利人采取保密措施的技术信息和经营信息”。但该法并未规定确认商业秘密的条件。根据上述定义及国内外商业秘密的保护实践,我们在商业秘密的确认上,还是存在一定的依据,有可遵循的特征。一般认为,商业秘密具有以下三个特征:①秘密性。即不为公众所知悉,当某顶技术、经营信息没有被公众了解,并且持有人有意采取合理的保密措施加以保护时,它才具有此特征。②经济性。即具有价
What is a trade secret? Different countries have different definitions of law. The “Anti-Unfair Competition Law” passed by the Third Session of the Standing Committee of the Eighth National People’s Congress defined for the first time the concept of trade secrets, that is, “it is not known to the public, it can bring economic benefits to the right holders, and it is practical ”Technical information and business information that are sexual and subject to the confidentiality measures of the right holder." However, the law does not stipulate the conditions for confirming trade secrets. According to the above definition and the protection practice of domestic and foreign trade secrets, we still have certain basis for the confirmation of trade secrets, and there are characteristics that can be followed. It is generally believed that commercial secrets have the following three characteristics: 1 Secret. That is to say, it is not known to the public when a top technology or business information is not known to the public, and the holder intends to adopt reasonable security measures to protect it. 2 economy. That has a price