Risk Research Report on Business Secret in Mainland China

Content

Preface

Chapter One: Introduction of Business Secret

With the development of market-oriented economy, the competition among enterprises grows increasingly furious. Intellectual Property Protection, as one of the competitive means of enterprises, should be accordingly attached great importance and enhanced. However, the knowledge of Intellectual Property Protection of Chinese enterprises still stay at the traditional legal concepts of patent, trademark and copyright protection, the fact that business secret is also within the scope of Intellectual Property Protection and under protection by law is usually ignored. To some extent, the intangible value of business secret protection is of the same importance with patent and trademark protection.

Part One：Connotation of Business Secret

Part Two: Characteristics and Value of Business Secret

Part Three: Denotation of Business Secret

Part Four: Ownership of Business Secret under Certain Legal Relations

Part Five: Infringement of Business Secret and its Manifestations

Chapter Two: Business Secret Risk and Causes Analysis

In order to survive and develop in the furious competition, enterprises, on the one hand, make great efforts to protect their own business secret; on the other hand, try their best to obtain the business secret of their competitors by various resources and methods. Business secret risk hence arises. In this chapter, the author elaborates on the business secret risk that enterprise may encounter during business operation and provided a full range of project for risk prevention and solving.

Part One: Connotation of Business Secret Risk

Part Two: Summing-up of Business Secret Risk

Part Three: Causes of Business Secret Risk

Part 4: Astray Area of Business Secret Protection

Chapter Three: Pre-project Planning of Business Secret Risk Control

The business secret risk management concept gives priority to the risk prevention in advance. Disposal in process and afterwards are all remedial measures after the risk has occurred. Once the business secret have been disclosed, losses could not be retrived completely, what enterprise could do is to resort remedial measures to reduce losses as much as possible. Hence, in this chapter, the author mainly elaborates on business secret risk control project in advance.

Part One: Establishment and Perfection of Business Secret Risk Control System

Part Two: Enhancing Business Secret Protection via Technology

Part Three: Protecting Business Secret via HR Management

Part Four: Business Secret Protection via Legal Approach

Chapter Four: Business Secret Risk Management Project

Enterprises should establish business secret disclosure emergency mechanism. In case of business secret have been disclosed, remedy measures shall be adopted to reduce losses to the minimum. The risk management department shall make evaluation on the whole secret disclosure event and confirm the necessity of further protection. Protection measures should be taken as soon as possible to prevent further secret disclosure in case of the critical secret has not been disclosed

Part One: Basic Principle

Part Two: Application of Judicial Remedies

Part Three: Typical Case Analysis

Chapter Five: Development Trends of Business Secret Risk

To prevent the business secret risk, except strengthen the legislation and employee’s quality through training, more importantly, enterprises in the same industry should make concerted effort to maintain the trade rules.

Part One: Development Trends of Business Secret Protection Mechanism

Part Two: Main Development Trends of Business Secret Risk

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