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根据《中华人民共和国反不正当竞争法》的规定,商业秘密是指不为大众所知悉、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。从这个概念可以看出,商业秘密具有3个基本特征,即秘密性、保密性和效益性。 秘密性是指商业秘密不为大众所知悉,以他人不知而保持其特有的独占性,如果企业的技术信息和经营信息通过某种方式向大众传播了,就会失去了秘密性。 保密性指商业秘密持有者会采取一切措施予以保密,对掌握和因工作需要接近这些信息的人加约束,不使其公开。 效益性是指商业秘密可以为所有人带来实际的或潜在的经济效益或竞争优势。
According to the “Law of the People’s Republic of China Against Unfair Competition Law,” trade secrets refer to technical information and business information that are not known to the general public, can bring economic benefits to rights holders, have practicality, and are subject to confidentiality measures by right holders. It can be seen from this concept that business secrets have three basic characteristics, namely secretity, confidentiality, and efficiency. Confidentiality means that business secrets are not known to the general public, and that they retain their unique exclusivity if they do not know it. If the company’s technical information and business information are disseminated to the public in some way, it will lose its secret nature. Confidentiality means that the trade secret holder will take all measures to keep it confidential, and impose restrictions on the person who masters and approaches the information due to work needs and does not make it public. Profitability means that business secrets can bring practical or potential economic benefits or competitive advantages to everyone.