Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Business secrets are the embodiment of a company's core values and are crucial to a company's competitive advantage and long-term development. Therefore, companies must recognize the importance of business secret protection and take a series of effective measures to ensure the security of these valuable assets. The following are some suggestions for guidance on measures companies should take to protect trade secrets:
1. Develop clear internal policies: First, companies should formulate clear internal policies to clearly define what business secrets are and how to protect and handle this information. Such a policy should cover the responsibilities and obligations of employees, suppliers, partners, and other interested parties and clearly state the consequences of violating trade secrets.
2. Establish a confidentiality agreement: Enterprises should sign confidentiality agreements with employees and partners involved in business secrets. These agreements ensure that interested parties understand the importance of trade secrets and commit to ensuring their confidentiality. The confidentiality agreement should have clear content, including the confidentiality period, use restrictions and processing procedures of the information.
3. Access control and digital security: Establish effective access control measures to restrict employees to only access business secrets required for their work. At the same time, enterprises should implement appropriate digital security measures to ensure that business secrets are safely stored and transmitted on databases, clouds or other digital platforms.
4. Training and education: Continuously provide employees and relevant parties with training and education on the protection of business secrets. This will help increase their knowledge and awareness of confidentiality measures and reduce the risk of leakage of business secrets.
5. Labeling and classification: Documents and information involving business secrets must be clearly labeled and classified. Confidentiality labels or special symbols can be used to identify business secrets and remind relevant personnel of the importance of their confidentiality.
6. Monitoring and review: Regularly monitor access to and use of business secrets and discover potential security loopholes in a timely manner. At the same time, internal reviews are conducted to ensure that confidentiality measures within the company are implemented and enforced.
7. Contract management: For external partners or suppliers, enterprises should establish a strict contract management system and clearly stipulate their confidentiality responsibilities and obligations for business secrets.
8. Emergency response: Establish an emergency response plan to deal with possible crises that business secrets may face, such as leakage or theft. This will help respond quickly and reduce losses.
9. Legal protection: Finally, enterprises should actively seek legal protection and take necessary legal actions to combat infringement of business secrets.
In summary, trade secret protection measures are an indispensable part of corporate operations. Companies must develop clear policies and procedures, train employees, establish digital security, strengthen monitoring, and sign confidentiality agreements with external parties to ensure that business secrets are best protected. Such measures will help maintain the company's competitive advantages and long-term development and ensure that the company is in a favorable position in market competition.
Most recent interpretations of "reasonable confidentiality measures" are as follows: "The owner of a trade secret has made reasonable efforts to prevent others from easily obtaining, using or disclosing the trade secret, that is,It is sufficient that the owner of a business secret has a subjective intention to protect it and has objectively taken measures to keep it confidential, but it is not necessary for the person to keep the secret confidential to the extent that "nothing is revealed". In other words, if the owner of a business secret can achieve the purpose of keeping it confidential by using methods or techniques that are generally possible in society, based on the nature of his or her human and financial resources and business information, and in a manner that is not easily accessible to anyone, then it is deemed to be "conforming" Reasonable confidentiality measures”(Intellectual Property Court Criminal Judgment No. 11 of the 105th Criminal Appeal, Criminal Judgment No. 14 of the Criminal Appeal of 107, Criminal Judgment No. 24 of the Criminal Appeal of 2010, Supreme Court Criminal Appeal No. 1608 of 108 No. Criminal Judgment Reference)
It should be noted that some of the above practical insights also emphasize that although the confidentiality measures taken by everyone do not need to be "watertight", they stillMust be "valid"Only in this way can the confidentiality of its information be maintained, andEmphasizing that the signing of a confidentiality agreement should not be used as the only criterion for determining "reasonable confidentiality measures", and attempts to outline the outline of reasonable confidentiality measures with examples, it is also worth referring to: "…For example: control those who have access to the business secret, mark documents with "confidential" or "restricted reading", lock the information on the business secret, set a password, and take security measures (such as restricting access to visitors) (stored in a confidential place), etc., and whether reasonable confidentiality measures have been taken, it is not necessary to sign a confidentiality agreement. If the owner of the business secret has objectively performed certain behaviors to make people understand that he has used the information as a business It is sufficient to protect the confidentiality of the information and control the information in a way that makes it difficult to be accessed at will. On the contrary, if a confidentiality agreement is signed, anyone can easily access the information. Even if a confidentiality agreement is signed, it will be difficult. The owner of the trade secret has taken reasonable measures to keep it confidential” (Refer to the Criminal Judgment No. 24 of the Intellectual Property Court in 107 Xingzhi Appeal).
Further reading:What should I do if an employee takes away company confidential information? Relevant provisions of the Trade Secrets Act.
Further reading:What should I do if a trademark infringement occurs? Legal measures that can be taken.
Further reading:What is patent litigation? What is the process of patent litigation?
The lawyers of our firm have focused on the fields of trade secret protection and information security for many years. They have represented many companies in many trade secret litigation cases, and have assisted many companies in reviewing information security levels and building information security systems. They have rich practical experience. , and work closely with information security consultants to provide the highest quality legal services based on rich experience.
Fidelity Law Firm – Business Secrets Specialist Lawyers
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