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Why are patents and copyrights less valuable than trade secrets?
Compared with other intellectual property rights (patents, trademarks, copyrights, etc.). ), trade secrets have the following characteristics: (1) The premise of trade secrets is that they are not known to the public, while other intellectual property rights are open, and even patent rights are required to be open to a considerable extent; (2) Trade secret is a relative right. The exclusiveness of trade secrets is not absolute or exclusive. Other people who have obtained business secrets of the same content by legal means have the same status as the first person. The owner of a trade secret can neither prevent the person who developed and mastered the information before him from using or transferring the information, nor prevent the person who developed and mastered the information after him from using or transferring the information. (3) It can enable the operators to gain benefits, gain competitive advantages, or have potential commercial benefits. (4) The term of protection of trade secrets is not legal, it depends on the confidentiality measures of the obligee and the disclosure of secrets by others. A technical secret may last for a long time because of the effective security measures of the right holder and the application value of the technology itself, far exceeding the protection period of the patented technology. According to the provisions of the Anti-Unfair Competition Law, trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee. Refers to technical information and commercial information such as design data, procedures, product formula, manufacturing technology, manufacturing methods, management know-how, customer list, supply information, production and marketing strategy. , unknown to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee. Among them, not being known to the public means that the information cannot be directly obtained from public channels; Being able to bring economic benefits to the obligee and being practical means that the information has determinable applicability and can bring real or potential economic benefits or competitive advantages to the obligee; The obligee adopts confidentiality measures, including signing confidentiality agreements, establishing confidentiality systems and taking other reasonable confidentiality measures.