Business Secret refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept secret by the right holder. Trade secrets are the property rights of an enterprise. They are related to the competitiveness of the enterprise, are crucial to the development of the enterprise, and some even directly affect the survival of the enterprise.

Characteristics of trade secrets:

Compared with other intellectual property rights (patents, trademarks, copyrights, etc.), trade secrets have the following characteristics:

1. Non-disclosure

First, the premise of trade secrets is that they are not known to the public, while other intellectual property rights are public, and patent rights even require disclosure to a considerable extent.

2. Non-exclusiveness

Second, trade secrets are a relative right. The proprietary nature of trade secrets is not absolute or exclusive. If others legally obtain the same trade secret, they have the same status as the first person. The owner of a trade secret cannot prevent those who have developed and mastered the information before him from using or transferring the information, nor can he prevent those who have developed and mastered the information after him from using or transferring the information.

3. Interest-related

Third, it can enable operators to obtain benefits, gain competitive advantages, or have potential commercial benefits.

4. Term protection

Fourth, the protection period of a trade secret is not statutory and depends on the obligee’s confidentiality measures and the disclosure of the secret by others. A technical secret may last for a long time due to the right holder's effective confidentiality measures and the application value of the technology itself, far exceeding the period of protection of the patented technology.