Strengthen the protection of business bet365 promo codes and optimize the legal business environment
January 15, 2020 09:32 Source: "bet365 promo codes Journal" January 15, 2020 Issue 1858 Author: Deng Heng

The infringement of bet365 promo codes has seriously disrupted the order of fair market competition,Becoming a constraint hindering the healthy and sustainable development of the market economy。Judging from the current legislative examples in our country,bet365 promo codes fall under the specific provisions of the Anti-Unfair Competition Law,is protected by regulating unfair competition,Protecting bet365 promo codes is a means in itself,And "encouraging and protecting fair competition" achieved through the protection of bet365 promo codes is the essence of the purpose。Of course,Fair market competition order is an indispensable operating or business environment for market entities to participate in commercial activities,Market entities are the creators of the business environment,Also a defender of a good business environment。Because of this,Article 9 of the "Regulations on Optimizing the Business Environment" promulgated by the State Council on October 23, 2019 emphasizes that market entities should be "honest and trustworthy、Fair competition”。At the same time,Article 15 of the regulations states that “the state establishes a system of punitive damages for intellectual property infringement”,That is, the regulations propose that "intellectual property protection should be strengthened" from the perspective of being conducive to the business environment,Obviously strengthening the protection of bet365 promo codes is no exception。Because,According to the provisions of Article 123, Item 5 of the General Principles of the Civil Law,bet365 promo codes belong to the category of intellectual property,It is a civil property right。

From the perspective of intellectual property system theory,The protection of intellectual property rights is the protection of business innovation,Business secret protection is to encourage business innovation,It is to advocate business integrity,Business integrity is the intrinsic driver and fundamental guarantee for optimizing the business environment。Therefore,Attach importance to and strengthen the protection of business secrets,Is an important way to optimize the business environment,It is also an inevitable requirement for optimizing the business environment。In view of this,Expert、Scholars are very concerned about this and also offer suggestions,How to curb infringements to maintain an honest and fair competition order,It is a topic that needs urgent response。Discuss and conceive how to strengthen bet365 promo codes secret protection,Create and “optimize the business environment”,This article intends to put forward countermeasures and suggestions that can be referenced from the following aspects。

  First, cultivate both internal and external aspects,Internalized bet365 promo codes intention,Externalized bet365 promo codes measures。bet365 promo codes are generated with business activities,Concretely embodied in technical or operational and other business information。Of course,bet365 promo codes are commercial information,But not all business information is a trade secret,Only if it is also secret、Only business information that is confidential and valuable can become a trade secret。The "three elements" of a trade secret determine that the owner of a trade secret must have the intention to keep it secret and the behavior of keeping it secret,The purpose of confidentiality is that you believe that specific business information is confidential and needs to be kept confidential,And implemented certain confidentiality behaviors in order to achieve confidentiality。In other words,bet365 promo codes should be in a state of confidential fact,The corresponding confidentiality measures taken to achieve the confidentiality status at the same time are the confidentiality requirements for bet365 promo codes,Confidentiality measures are a behavioral manifestation of the right holder’s intention to keep secrets。Therefore,The right holder’s intention to keep confidential is the subjective requirement for the business information it possesses to become a trade secret,It is also the prerequisite for guiding and implementing confidentiality measures,Only in this way can the rights holder internalize the awareness of protecting business secrets,Thus improving the ability to prevent infringement。

 The second is a bet365 promo codes agreement, which is the best choice to protect business secrets.Confidentiality agreement is an agreement between the owner of the trade secret and the counterparty to keep the trade secret,Confidentiality agreements are often used to bind workers、Cooperation or transaction counterparty。On the one hand,Confidentiality agreement is a common confidentiality measure,Confidentiality agreements should not be too general when it comes to practical operations,It should be pointed out and defined,Achieving roughness but fineness,That is, the purpose of confidentiality needs to be clearly stated,and primary scope or object。In addition,One of the misunderstandings in reality that needs to be clarified in this article is "requiring others to abide by the confidentiality obligations in the confidentiality agreement,Confidentiality fee needs to be paid”,In fact, there is no necessary causal relationship between confidentiality agreements and confidentiality fees,Because usually the obligation of confidentiality stems from the underlying legal relationship,It is the duty of diligence、Honesty and trustworthiness or the due meaning of the purpose of the contract,The obligation of confidentiality in the existence of labor relations is definitely a legal obligation。On the other hand,Confidentiality agreement is a common confidentiality measure,And use after breach of confidentiality agreement、Disclosing or allowing others to use is a typical type of trade secret infringement。If the infringement of bet365 promo codes is categorized,Then there are mainly two types: one is acquisition through unfair competition、Use or Disclosure、Infringement of allowing others to use;The other is to violate the agreement with the right holder of the trade secret or the request of the right holder,Use or disclosure made、Infringement of allowing others to use,At the same time, closely related to this infringement also includes the implementation of instigation、Lure、Helps obtain the described behavior、Use or Disclosure、Infringement of allowing others to use。The protection of bet365 promo codes and the specific measures taken should be aimed at preventing and curbing infringement,Therefore, it is necessary to recognize the specific types of behavior that infringe on bet365 promo codes,On this basis, analyze the characteristics, advantages and disadvantages of various measures to protect bet365 promo codes,This way we will not be outside the law,Only in this way can we be realistic and guide practice。

  The third is non-compete bet365 promo codes,A protective method used only as a last resort。The difference between bet365 promo codes and other types of intellectual property rights is that the scope of their rights is difficult to determine,And depends on the game between the plaintiff and the defendant,Recognized through judicial review。At the same time,The scope of judicially determined trade secret rights is case-by-case、Dynamic and other characteristics,When the owner of the trade secret is identified through litigation,The results of the determination are also unpredictable。In addition,Infringement of bet365 promo codes is instantaneous and concealed,It is difficult to prove both infringement and losses,Infringement evidence is also difficult to obtain and fix,Such as this undoubtedly increases the cost of rights protection and the difficulty of litigation for rights holders。In order to reduce the difficulty of rights protection and be more conducive to the protection of business secrets,Then the agreement on non-competition is derived from the employment relationship,It is agreed between the employer and the employer,Employees are not allowed to engage in certain behaviors within a certain period of time after resignation to protect the employer’s business secrets,The employer therefore pays a certain amount of financial compensation to the employee as consideration。A non-compete agreement is a preventive measure to protect bet365 promo codes,The essence lies in elevating the original protection of “things” to the control of “people”,This greatly reduces the difficulty of the employer’s proof。The non-compete agreement contains many conflicts of rights,And restrictions on employees’ equal employment rights,Related to the realization of employees’ right to survival,Therefore, the application of non-competition agreements needs to be strictly restricted。

Specifically,In practice, when a non-compete agreement is applied, the employer needs to pay certain financial compensation to the employee,Employees subject to non-competition restrictions cannot be too broad,Generally, it should be the core technical personnel or senior managers of the enterprise,The terms of the agreement cannot be discussed in general terms,Period of the agreed non-competition restriction、Both the region and the scope of professional activities should be clearly defined,Otherwise, the agreement will run the risk of being difficult to support due to illegality。Because of this,A non-compete is different from a confidentiality agreement,Confidentiality agreements can be a common practice and no consideration must be paid,And the former is based on the original intention of the system and the original intention of the legislation,Not allowed to be widely used or applied so as to become a "generalization"。What needs to be emphasized here is,Confidentiality agreements and non-competition restrictions are both protection measures for bet365 promo codes,So it is often easily confused or misused,But there are many essential differences between the two,The main legal basis for the former is the "Anti-Unfair Competition Law",The main legal basis for the latter is the Labor Contract Law,Confidentiality agreement is generally regarded as a conventional confidentiality measure,The non-compete agreement should be considered to be irrelevant to confidentiality measures。

Needless to say,Under the perspective of anti-unfair competition law,Protecting bet365 promo codes means “protecting the legitimate rights and interests of operators and consumers”,Protecting bet365 promo codes in the context of civil rights and commercial value is also “strengthening the protection of entrepreneurs’ rights and interests”。In addition,April 23, 2019,Decision of the Standing Committee of the National People’s Congress on Amending the Anti-Unfair Competition Law, etc.,The most attention-grabbing and hotly debated issue is “the amount of compensation for trade secret infringement,Increased from 3 million yuan to 5 million yuan”。World Intellectual Property Day on April 26,General Secretary Xi Jinping emphasized “improving the protection of commercial secrets,Severely crack down on intellectual property infringements”。Without a doubt,In the context of increasing the protection of bet365 promo codes at home and abroad,Strengthen academic research on issues related to bet365 promo codes,Improving various systems for protecting business secrets,Should have urgent and realistic significance。

 (This article is part of the 2019 National Social Science Fund late-stage funded project "Research on Legal Issues of bet365 promo codes and Non-competition" (19FFXB025)、Northern University of Technology Yuyou team project "Protection of Entrepreneurs' Rights and Interests under the Rule of Law Business Environment" (0019XN136/007) Phased Results)

(Author’s unit: Department of bet365 promo codes, North China University of Technology)

Editor: Wang Ning
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