General Secretary Xi Jinping pointed out in the report of the 20th National Congress of the Party: "Deepen the reform of the science and technology system，Deepen the reform of scientific and technological evaluation，Increase diversified technology investment，Strengthen the protection of the rule of law of intellectual property，Form the basic system that supports comprehensive innovation。"So，Strengthen the protection of the rule of law in my country，Continue to promote relevant legislative significance significance。Article 123, paragraph 2 of the Civil Code stipulates: "Intellectual property is a proprietary right enjoyed by the right holder according to law: (1) the work; (2) invention、Practical new type、appearance design; (3) trademark; (4) geographical sign; (5) business secrets; (6) integrated circuit cloth design; (7) new plant varieties; (8) other objects stipulated in the law。"" Civil Code "made a unified rule on whether the business secret belongs to the proprietary right。For this question，June 8, 2016，The European Parliament and Council adopted the "About Protecting Untaned Technology and Business Information (Business Secret) for exemption illegal acquisition、Directives of Use and Disclosure "(hereinafter referred to as the EU Protection instructions)，This instruction specifies the definition of business secrets and related theft forms，Clarifying the "reverse engineering" needs to be guaranteed。EU requires that member states must formulate and implement the laws and administrative regulations required for the instructions before June 9, 2018。In recent years，The legal protection system for business secrets in my bet365 Play online games country has achieved great development，But business secret legislation still shows the characteristics of decentralization。So，Gradually formed the Special Law of Commercial Secrets，It is the development trend of future legislation。

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According to Article 9 of the "Anti -Unfair Competition Law" in my country，"Commercial Secrets refers to not knowing it for the public、Technical information with business value and take corresponding confidentiality measures with the right holder、Business information such as business information "。"Provisions on the Supreme People's Court on Everbright Civil Cases of Civil Cases in Anti -Commercial Secrets" (Fa Shi [2020] No. 7，The following referred to as the "Regulations for Instening the Civil Cases Invading Commercial Secret Civil Cases") lists the business secret scope of the business secrets specified in the "Anti -Unfair Competition Law"。From the perspective of legislation，The constituent elements of business secrets include: secrets (not known for the public); value (can bring potential economic benefits and competitive advantages to the right holder); confidentiality (also known as management，The right holder has taken reasonable confidentiality measures to not leak)。As long as the information of the "three sex" features，All can be protected as business secrets。Article 2 of the EU Protection instruction stipulates: "'Business Secret" refers to the information that meets all the following requirements: (a) it is secret，Because it is an overall or precise component，And people who are not generally known or easy to get related information; (b) it has commercial value; (C) in this case，Those who legally control the information have taken reasonable confidentiality measures。"" my country has gradually expanded in the scope of business secret protection，and the regulations are getting more and more specific，The laws and regulations Bet365 app download of the European Union are consistent in this issue。

but，Identification of business secrets，There are still inconsistencies in judicial practice。Article 6 of the "Regulations for Instening to Instead of Commercial Secret Civil Cases" stipulates that the situation of "the right holder has taken confidentiality measures"。Visible，Judicial Interpretation only described the general confidentiality measures，In judicial practice，The court may be based on the confidentiality measures proposed by the plaintiff，Judging of confidentiality measures listed in the relevant judicial interpretation，The confidentiality measures claimed by the plaintiff may not be covered by the judicial interpretation, which leads to the difficulty of identification; others may directly identify the confidential obligations stipulated by other laws as confidential measures。

　　Protect reasonable competition and innovation and cautiously introduce more arguments

The "Unclear Hand" theory of Hengping Court has gradually been used in the field of intellectual property，The defendant can argue based on this theory，When the defendant makes unfair or unfair behaviors，The court can judge that the defendant will not bear legal liability。Although the right holders of the business secrets are not like a patent person, they can occupy the ground、Exercise his rights，But the defendant can also quote the reasons for the anti -defense and exempt from legal liability。There is no concept of "defense" in my country's laws and judicial interpretations，"Regulations for Instening to Instead of the Civil Cases of Commercial Secrets" specifically listed the situation that the court did not determine the violation of business secrets，Including: the information of controversy does not constitute a business secret or the business secrets of the right holder are different，The defendant and their related people have not obtained a way to get business secrets or the way to obtain business Bet365 lotto review secrets is legal、means just waiting。At the same time，In order not to hinder the competitors of the business secret right holder for innovation，Article 14 of the "Regulations for Instening to Instead of Civil Cases of Commercial Secrets" stipulates "reverse engineering"，At the same time, it proposes "After the infringer obtains the business secret of the right holder with unfair means，If the reverse engineering claims the unwavering business secrets,，The People's Court will not support "。Article 3 of the EU Protection instructions also stipulates the "reverse engineering"，That is "Legal acquisition、One of the situations of using and disclosing business secrets: Observation、Research、Disassembling or test has provided products or objects that have been provided or legally owned by the public，The obligation of the information obtained by this information will not be held to obtain legal and effective business secrets "。

The purpose of "reverse engineering" generally has two types: manufacturers of original products no longer produce the product or the original manufacturer, no longer exist，But customers still need this product，So some manufacturers will "reverse engineering" hoping to produce this product; another situation is，Some manufacturers analyze the advantages and disadvantages of competitors' products，Then improve the performance of your product，Further enhances its own competitiveness。The premise of advocating the "reverse engineering" is that the defendant's way to obtain the "reverse engineering" research object must be legal，The defendant needs to be based on the existence of already existed and can be legally obtained，If you take illegal means before or in the "reverse engineering"，such as，Theft related products or information，None of the "reverse engineering" can be used as a defense.。So，Before the "reverse engineering" in the future business secret protection law、Middle、Determined stipulation in each stage，bet365 Play online games Take a cautious attitude，To avoid inconsistent situations。

　　Connection of the programs of the criminal and civilian procedures that realize the protection of business secrets

my country's Criminal Law was revised in 1997 to add "violations of business secrets"。Article 219 provisions，Causes the "major losses" to the business secret rights to infringe on business secrets，Directly use "major losses" as the condition for crime。The basis for "major losses" as the basis for distinguishing civil lawsuits and criminal proceedings has aroused controversy in academic and practical circles。Taking economic loss as the criteria for crime may cause the phenomenon of "only theory"; in addition，If the actor who violates business secrets does not cause economic losses, it will cause other serious consequences or have other serious plots，Unable to be guilty of this behavior，As a result, the unable to protect the business secret right holder。The Criminal Law Amendment (11) implemented in 2021 amend Article 219 of the Criminal Law to "One of the following violations of business secrets，The serious plot，Prisoner in prison for less than three years，Packed or single fines; the plot is particularly serious，Pharise in prison for three years and less than ten years，Power of fines "。That is to say，As long as "serious circumstances", it constitutes a crime of violating business secrets，Criminal Law no longer take "major losses" as the standard for crime。The Intellectual Property Division of the Beijing Senior People's Court proposed: "The protection of civil law for business secrets is mainly concentrated in compensation and complement of the real interests and potential interests of the right holder，Anti -Unfair Competition Law on the provisions of the business secrets of the business realized the protection of social competition order。On the contrary，The focus of the criminal law is to contain the re -occurrence of the behavior through punishment bet365 live casino games of crime，Therefore, criminal norms pay more attention to the repair of damaged social relationships and sanctions on criminal behavior。"" in my country，The identification of infringing business secret crimes has gradually reduced the dependence on civil infringement losses。my country's criminal law shall take the establishment of an independent criminal identification standard as the development direction，Establish the standard of identification that conforms to criminal laws，Conception and sentencing are not "amount" or "loss" theory，Expanding criminal protection of business secrets，Coordinating the relationship between civil protection and criminal protection，Gradually co -stands on civil procedures and criminal procedures，Get two procedures with each other、Support each other。

The EU believes that "there is a difference in the protection of the law of business secrets in EU members，This means that business secrets do not have the same level of protection in the entire European Union，This leads to fragmentation in the internal market in this field，Related rules Overall deterrent effects weakened "。So，The goal of the EU Protection instruction lies in the dedicated legislative "unified definition of business secrets，The definition of unified stolen form，Coordinate civil relief and procedure rules "。Although the European Union pursue the unity of civil rules，But about criminal rules，Member states can formulate criteria that meet their own laws in accordance with the characteristics of criminal cases，Criminal rules can not meet the civil rules formulated by the European Union，You can seek higher levels of protection。my country's business secret protection clauses are scattered in the Criminal Law and Anti -Unfair Competition Law and related judicial interpretations，So far，No special business secret protection law has not been formed，The identification of related concepts and Bet365 lotto review the connection of procedures still rely on judicial interpretation。In the future, you can consider formulating a special business secret protection law，From constituent elements、Defense、Criminals Program connecting three aspects of three aspects to further regulate legislation，Promote the development of my country's business secret legal protection system。

(Author Unit: European Institute of Chinese Academy of Social Sciences)