Trade Secrets

Introduction and Scope of Protection

Definition: (1) the information must be new, not be known to the ordinary person and not have been accessed by relevant persons; (2) must have commercial value because it is a secret; and (3) must have been subject to reasonable steps by the rightful owner of the information to keep it secret.

Trade secrets cannot include confidential information of individuals; state management and administration; national defense and public security; and other confidential information not related to commerce.

Protection: protected without registration (no examination, no annuities).

Duration: unlimited or until they are revealed.

Licensing: shall be in writing between the transferor and transferee, except in case of inheritance. If no duration is specified in the contract, it shall be deemed to cover a period of ten years.

Limitations: discovery of protected information through independent research or reverse engineering is not misappropriation.