General Secretary Xi Jinping pointed out in the report of the 20th National Congress of the Communist Party of China: “Deepen the reform of the science and technology system，Deepening the reform of science and technology evaluation，Increase investment in diversified science and technology，Strengthening legal protection of intellectual property rights，Form a basic system to support comprehensive innovation。”Therefore，Strengthening legal protection of intellectual property rights in my country，Continuing to promote relevant legislation is of great significance。Article 123, Paragraph 2 of the Civil Code stipulates: “Intellectual property rights are the exclusive rights enjoyed by the obligee in accordance with the law with respect to the following objects: (1) Works；(2) Invention、Utility model、Appearance design；(3) Trademark；(4) Geographical indications；(5) Trade secrets；(6) Integrated circuit layout design；(7) New plant varieties；(8) Other objects stipulated by law。”The Civil Code provides unified provisions on whether trade secrets are objects of exclusive rights。For this question，June 8, 2016，The European Parliament and the Council adopted the "Protection of undisclosed know-how and commercial information (trade secrets) against unlawful acquisition"、Use and Disclosure Directive” (hereinafter referred to as the “EU Protection Directive”)，This Directive sets out the definition bet365 mobile and related forms of misappropriation，It is clear that "reverse engineering" needs to be guaranteed。The EU requires member states to formulate and implement the laws and administrative regulations required for this directive before June 9, 2018。In recent years，my country’s legal protection system for trade secrets has made great progress，However, trade secret legislation still exhibits the characteristics of decentralization。Therefore，Gradually forming a special law on trade secrets，is the development trend of future legislation。

　　Unify the identification standards of what constitutes a bet365 mobile secret

According to the provisions of Article 9 of my country’s newly revised “Anti-Unfair Competition Law”，“Trade secrets are not known to the public、Technical information that has commercial value and the rights holder has taken appropriate confidentiality measures、Business information such as business information”。"Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Infringement bet365 mobile" (Fa Interpretation [2020] No. 7，Hereinafter referred to as the "Regulations on the Trial of Civil Cases of Infringement bet365 mobile") lists the scope of objects bet365 mobile stipulated in the "Anti-Unfair Competition Law"。From a legislative perspective，The elements of a trade secret include: confidentiality (not known to the public)；Value (can bring potential economic benefits and competitive advantages to the right holder)；Confidentiality (also known as management，The rights holder has taken reasonable confidentiality measures to prevent disclosure)。As long as the information conforms to the characteristics of "three natures"，All can be protected as trade secrets。Article 2 of the EU Protection Directive states: “‘Trade secret’ means information that meets all of the following requirements: (a) it is secret，Because it acts as a whole or its precise components，And not generally known or readily available to those who handle the information；(b) It has commercial value；(c) in this case，The person who legally controls the information has taken reasonable confidentiality measures。”my country is gradually expanding the scope of trade secret protection，And the regulations are becoming more and more specific，Convergence with EU legal provisions on this issue。

But，About the identification bet365 mobile，There are still inconsistencies in judicial practice。Article 6 of the "Regulations on the Trial of Civil Cases of Infringement bet365 mobile" stipulates the situation where "the right holder has taken confidentiality measures"。Visible，The judicial interpretation only provides a general description of confidentiality measures，In judicial practice，The court may rely on the confidentiality measures taken by the plaintiff，And make judgments based on the confidentiality measures listed in relevant judicial interpretations，There may be situations where the confidentiality measures claimed by the plaintiff are not covered by judicial interpretations, resulting in difficulty in identification；Some courts may directly recognize confidentiality obligations stipulated in other laws as confidentiality measures。

　　Protect reasonable bet365 mobile and innovation and cautiously introduce more defense grounds

The Court of Chancery’s “Unclean Hand” theory is gradually being used in the field of intellectual property，The defendant may plead based on this theory，When the defendant has acted unfairly or inappropriately，The court can rule that the defendant is not legally responsible。Although the right holder of a trade secret does not have the same exclusive rights as the patentee、Exclusive exercise of rights，However, the defendant can also invoke defense grounds to avoid legal liability。The concept of “defense grounds” does not directly appear in our country’s laws and judicial interpretations，The "Regulations on the Trial of Civil Cases of Infringement bet365 mobile" specifically lists the circumstances under which the court will not determine the infringement bet365 mobile，Including: the disputed information does not constitute a trade secret or is different from the right holder’s trade secret，The defendant and its related parties did not have any way to obtain trade secrets or the ways to obtain trade secrets were legal、Justified means, etc.。At the same time，In order not to hinder the innovation of competitors of the trade secret right holder，Article 14 of the "Regulations on the Trial of Civil Cases of Infringement bet365 mobile" stipulates "reverse engineering"，At the same time, it was pointed out that “after the accused infringer obtained the right holder’s trade secrets through unfair means，Also claims that no trade secrets have been infringed on the grounds of reverse engineering，The People’s Court does not support it”。Article 3 of the EU Protection Directive also provides for “reverse engineering”，That is, "legal acquisition、One of the situations of use and disclosure bet365 mobile: Observation、Research、Disassemble or test a product or object that has been made available to the public or is lawfully owned by the person obtaining the information，The information acquirer does not assume any obligation to restrict access to legal and valid business secrets”。

There are generally two purposes of "reverse engineering": the manufacturer of the original product no longer produces the product or the original manufacturer no longer exists，But customers still want the product，So some manufacturers are "reverse engineering" hoping to produce this product；Another situation is，Some manufacturers analyze the advantages and disadvantages of competitors' products，Thus improving the performance of your products，Further enhance one’s own competitiveness。The prerequisite for advocating "reverse engineering" is that the defendant's method of obtaining the "reverse engineering" research object must be legal，The defendant needs to proceed based on products that already exist and can be obtained legally，If illegal means are used before or during "reverse engineering"，For example，Theft of related products or information，Cannot use "reverse engineering" as a defense。Therefore，In the future bet365 mobile secret protection law, "reverse engineering" should be included、中、Make clear provisions on each subsequent stage，Adopt a cautious approach，To avoid inconsistent identification。

　　Realizing the connection between criminal and civil procedures for the protection bet365 mobile

When my country's "Criminal Law" was revised in 1997, the "crime of infringement of commercial secrets" was added。Article 219，Causing "significant losses" to the owner of a trade secret constitutes the crime of infringement bet365 mobile，Directly use "significant loss" as a condition for conviction。Using “significant losses” as the basis for distinguishing civil litigation from criminal litigation has triggered debates in academic and practical circles。Using economic loss as the standard for criminal offenses may lead to the phenomenon of "amount-only theory"；Also，If the perpetrator of the infringement bet365 mobile did not cause economic losses but caused other serious consequences or had other serious circumstances，This kind of behavior cannot be criminalized，Resulting in the inability to protect business secret rights holders。The "Criminal Law Amendment (Eleven)" that will be implemented in 2021 will amend Article 219 of the "Criminal Law" to "one of the following acts of infringement bet365 mobile，Serious circumstances，Sentence to fixed-term imprisonment of not more than three years，A fine may be imposed concurrently or solely；Particularly serious circumstances，Sentence to fixed-term imprisonment of not less than three years but not more than ten years，Concurrent fine”。In other words，As long as the circumstances are serious, it constitutes a crime of infringement bet365 mobile，The criminal law no longer uses "significant losses" as the standard for criminalization。The Intellectual Property Division of the Beijing Higher People’s Court stated: “The protection bet365 mobile under civil law mainly focuses on the compensation and supplement of the actual and potential interests of the right holder，The provisions of the Anti-Unfair Competition Law on trade secrets protect the order of social competition。Opposite，The focus of criminal law is to punish the crime and curb the recurrence of the behavior，Therefore, criminal norms pay more attention to the repair of damaged social relations and the sanction of criminal acts。”In our country，The identification of the crime of infringement bet365 mobile gradually reduces the reliance on civil infringement losses。The development direction of my country’s criminal law should be to establish independent criminal identification standards，Establish identification standards that comply with criminal laws，Conviction and sentencing are not based on “amount” or “loss”，Expanded criminal protection bet365 mobile，Coordinate the relationship between civil protection and criminal protection，Gradually integrate civil procedures and criminal procedures，Make the two programs learn from each other、Support each other。

The EU believes that “there are differences in the legal protection bet365 mobile among EU member states，This means that trade secrets do not enjoy the same level of protection across the EU，Thus leading to the fragmentation of the internal market in this field，The overall deterrent effect of relevant rules has weakened”。Therefore，The goal of the EU Protection Directive is to “unify the definition bet365 mobile” through specialized legislation，Unified definition of forms of misappropriation，Coordinated Civil Remedies and Procedural Rules”。Although the EU pursues the unification of civil rules，But about criminal rules，Member states can formulate their own judgment standards based on the characteristics of criminal cases，Criminal rules do not need to be consistent with civil rules set by the EU，Can seek higher levels of protection。my country’s trade secret protection provisions are scattered in the Criminal Law, the Anti-Unfair Competition Law and related judicial interpretations，so far，There is no special trade secret protection law yet，The identification of relevant concepts and the connection between procedures still rely on judicial interpretation。We may consider formulating a special trade secret protection law in the future，From the constituent elements、Reasons for defense、Connecting three aspects of criminal and civil procedures to further standardize legislation，Promote the development of my country’s legal protection system for trade secrets。

(Author’s unit: Institute of European Studies, Chinese Academy of bet365 mobile)