Confidential content of the confidentiality principle
The most basic requirement of the confidentiality principle is to limit the minimum scope of knowledge. The scope of confidential content is expressly stipulated in Article 9 of the "Confidentiality Law".
A basic principle of confidentiality: limiting the minimum scope of knowledge
Article 16 of the "Secrecy Law" stipulates:
The scope of knowledge of state secrets should be based on work needs limited to a minimum range.
If the scope of knowledge of state secrets can be limited to specific personnel, it shall be limited to specific personnel; if it cannot be limited to specific personnel, it shall be limited to agencies and units, and the agencies and units shall limit it to specific personnel.
Persons outside the scope of knowledge of state secrets who need to know state secrets due to work needs to obtain approval from the person in charge of the agency or unit.
2. Scope of confidential content
Article 9 of the "Secrecy Law" stipulates:
The following matters involving national security and interests may damage the country's political power if leaked Security and interests in the fields of economy, national defense, diplomacy, etc. shall be determined as state secrets:
(1) Secret matters in major decision-making on national affairs;
(2) National defense Secret matters in construction and armed forces activities;
(3) Secret matters in diplomacy and foreign affairs activities and secret matters that bear confidentiality obligations to the outside world;
(4) National economy and Secret matters in social development;
(5) Secret matters in science and technology;
(6) Secret matters in safeguarding national security activities and investigating criminal crimes;
(7) Other secret matters determined by the state confidentiality administrative department.
Secret matters of political parties that comply with the provisions of the preceding paragraph shall be classified as state secrets. The principle of confidentiality in notarization.
Confidentiality in notarization refers to the confidentiality of all staff of the notary office and other persons who are entrusted or invited by the notary office or who come into contact with notarization matters due to job requirements. Anyone who comes into contact with state secrets or the secrets of the parties concerned shall have the obligation to keep them secret.
The establishment of the principle of confidentiality is determined by the essential attributes and characteristics of notarization work. Violation of the principle of confidentiality may lead to serious consequences. If the testator leaks the contents of the will while he is still alive, the person who is deprived of inheritance rights or whose inheritance share is reduced will have disputes with the testator, and may even hide, transfer, sell, or destroy the relevant property, which will affect the testator. Family unity and social stability also harm the reputation of the notary public.
The requirements for the implementation of the principle of confidentiality are:
(1) In addition to the obligation of a notary to keep confidential the notarization matters handled by himself, the notary public shall also keep confidential the notarization matters handled by other notaries in the notary office. , also have the obligation to keep secrets;
(2) Notaries must also keep secrets the contents of matters that are refused notarization;
(3) Notaries apply for notarization of parties The purpose, motive, use, etc. also need to be kept confidential. Without the request of the party concerned, the notary office shall not issue a copy of the notarial deed to any person other than the notarization party or his agent.
In addition to the above-mentioned clearly stated principles, the following principles must also be followed in notarization activities:
1. The principle of convenience.
2. The principle of directness.
3. The principle of using Chinese and ethnic scripts. Briefly describe the contents of confidentiality and the conditions for decryption?
Yes, the booklet will be made public. The relevant provisions of Chapter 5 of Part 5 of the "Patent Examination Guidelines" are as follows: 5. Decryption procedures for patent applications (or patents) 5.1 The applicant (or patentee) who files a decryption request for a confidential patent application or a patent for a confidential patent The rights holder may submit a decryption request in writing. If the relevant files with the confidentiality level determined by the relevant departments are submitted when making a request for confidentiality, when the applicant (or patentee) makes a request for declassification, the applicant (or patentee) shall attach a document proving that the department that originally determined the confidentiality level agreed to declassification.
The Patent Office will determine the decryption of the confidential patent application (or patent) for which a decryption request is made and notify the applicant of the result. 5.2 Regular declassification by the Patent Office The Patent Office conducts a review of confidential patent applications (or patents) every two years. If the review deems that confidentiality is no longer necessary, the patent office will notify the applicant to declassify the application. 5.3 Processing after decryption The examiner shall mark the decrypted patent application (or patent) as decrypted. After the invention patent application is decrypted, if the patent right has not yet been granted, it shall be reviewed and managed according to the general invention patent application. If it meets the publication conditions, it shall be announced and a separate copy of the invention patent application shall be published; after the utility model patent application is decrypted, if the patent has not been granted yet If the utility model patent application is not subject to the right, it shall be examined and managed in accordance with the general utility model patent application. After the invention or utility model patent is decrypted, the decryption announcement shall be made, a single volume of the invention or utility model patent shall be published, and shall be managed as a general patent.
Declassification means, in accordance with the relevant provisions of the "Secrecy Law", to remove the classification of a certain state secret matter through certain forms or by performing certain procedures so that it will no longer be classified. A process restricted by confidentiality laws, regulations and confidentiality management measures. After a certain state secret matter is declassified, it will no longer be managed as a state secret, and will no longer be protected by state confidentiality laws, regulations, and systems. Declassification of state secrets is an important task. As the situation develops, time passes and circumstances change, it is very necessary to promptly declassify matters that do not need to remain confidential or need to be made public. Article 15 of the "Measures for the Implementation of the Secrecy Law" clearly stipulates the conditions for declassification, namely: (1) The disclosure of the matter will not harm the security and interests of the country; (2) From a global perspective, the disclosure will be more harmful to the country. If it is favorable, if one of the above circumstances occurs, the agency or unit that determines the confidentiality level of the matter shall declassify it in a timely manner.
In accordance with the "Secrecy Law", "Measures for the Implementation of the Secret Law" and "Regulations on the Secrecy Period of State Secrets", the main methods of decryption are:
(1) Self-decryption. All state secret matters that have expired the confidentiality period will be declassified automatically without going through declassification procedures and without further notification.
(2) Once officially announced by the competent authority or unit, it will be deemed to be declassified and notification will be exempted.
(3) Decryption in advance. For state secret matters that have not yet expired, due to changes in circumstances, the disclosure of the matter will not cause damage to the country's security and interests; from a global perspective, the disclosure of the matter will be more beneficial to the country and there is no need to continue to keep it secret. The agency or unit that originally determined the confidentiality level and confidentiality period or its superior agency can declassify it in a timely manner and notify the relevant agency or unit in a timely manner.
(4) Declassify according to notifications from superiors and relevant confidentiality departments. Article 15 of the "Measures for the Implementation of the Secrecy Law" and Article 15 of the "Provisions on the Secrecy Period of State Secrets" respectively stipulate that in an emergency, the superior authority may directly declassify the information. If the superior authority and the relevant security department believe that a certain If state secret matters need to be declassified, the agency or unit that originally determined the classification level may be notified to declassify them.
However, it should be further explained that not all declassified matters can be made public. Declassification is not completely equivalent to disclosure. In actual work, some countries still need to use certain methods to protect their secrets after declassification. The principle of confidentiality
The principle of confidentiality is a basic principle in the process of psychological counseling. It is not only a requirement of professional ethics, but also determined by the nature of psychological counseling itself. Psychological counselors have the responsibility to protect the privacy rights of those seeking professional services. They should also recognize that the content and scope of privacy rights are protected and restricted by national laws and professional ethics. Politics, military, economy, why should some contents be kept absolutely confidential? Tell us about the reasons for keeping secrets secret and the dangers of leaking secrets?
Our country’s current military strength is not very strong. It can deter small countries, but it is relatively weak for military powers that truly have the strength to threaten our country’s security. Our limited strike force must be concealed so that we can catch them by surprise and attack them unprepared during wartime.
As a country with many hostile countries, if we put everything on the table, our opponents will undoubtedly "know ourselves and know the enemy." On the contrary, if we keep it hidden, as if it is not there, other countries will not be able to figure out the details, which will increase our deterrence. If it is leaked, it will cause hidden dangers to our country's national security. A few days ago, an unlucky spy betrayed our country's secrets, including the computer switching time of our killer Dongfeng 21 strategic missile. Is this okay? Being severely punished according to the law, I think it is too light. This forces our country to urgently deploy Dongfeng 31, which needs to be improved, to prevent unexpected events. Therefore, our country's military secrecy policy plays a vital role in our country's national security. It is a major event related to the destiny of the country. We must not be careless. What are the details that banks keep confidential for depositors?
Name, deposit, Password, account number, card number, address, phone number, etc. Does the company’s confidentiality agreement need to stipulate confidentiality fees for employees to keep confidential?
Article 23 of the "Labor Contract Law": The employer and the employee may agree in the labor contract to keep the employer's business secrets and confidentiality matters related to intellectual property rights.
For employees who have a confidentiality obligation, the employer may agree on non-compete clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the non-compete period shall be Financial compensation will be given to workers on a monthly basis within the period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
According to the above provisions, confidentiality fees are not required when signing a confidentiality agreement, but it should be agreed that economic compensation will be given to the employee during the non-competition period after the labor contract is terminated or terminated. What are the contents that are usually kept confidential in patents
Confidential patents
1. Confidential patents only involve invention patents or utility model patents, and do not include design patents.
2. Confidential patents include national defense patents, or patents that the Intellectual Property Office believes that although their contents do not involve national defense interests, they are related to national security or major interests and therefore need to be kept confidential. The author has encountered many times in the past that applicants actively requested that their patents be treated as confidential patents. It should be noted that whether a patent application can be processed according to confidential patent procedures is decided by the Intellectual Property Office and does not depend on the applicant’s wishes. In other words, an invention can be applied for a confidential patent only if the applicant wants to apply for it as a confidential patent. The correct procedure is that the applicant submits an invention patent application or utility model patent application according to the normal procedure. After the Patent Office accepts the application, if the examiner believes that the content of the invention is related to national security or major national interests, the applicant will make an ex officio decision to treat it as a confidential patent application. It is decided to transfer the patent application to the confidential patent application process and notify the applicant.
3. The "Patent Examination Guidelines" supporting the new "Patent Law" and its new "Implementing Rules" clearly stipulate that after the invention patent application is decrypted, if the patent right has not been granted and the publication conditions are met, The application for an invention patent shall be announced, and a single copy of the invention patent application shall be published, and shall be examined and managed as a general patent application; after the utility model patent application is decrypted, but the patent right has not been granted, the application shall be examined and managed as a general utility model patent application.
Confidentiality review
1. Confidentiality review only involves invention patents or utility model patents, and does not include design patents.
2. Any organization or individual that applies for a foreign patent for an invention completed in China must first submit a confidentiality review to the China Intellectual Property Bureau.
This includes two situations: one is to apply for a foreign patent directly to a foreign patent office or submit an international patent application (PCT application) to a foreign patent office, such as directly applying for a U.S. patent to the United States Patent and Trademark Office. Or submit a PCT application directly to the U.S. Patent and Trademark Office; the other is to apply for a Chinese patent to the China Intellectual Property Office and then plan to apply for a foreign patent or submit a PCT application to a foreign patent agency. For example, first apply for a Chinese patent to the China Intellectual Property Office. Later, I plan to submit a US patent application to the US Patent and Trademark Office, or submit a PCT application to the US Patent and Trademark Office.
Both cases require a prior confidentiality review request to the China Intellectual Property Bureau and a detailed explanation of its technical solutions.
However, if a PCT application is submitted to the Intellectual Property Bureau of my country, it will be deemed to have submitted a confidentiality review request at the same time. This is actually a common practice for Chinese applicants, and it is also a more convenient and time-saving way for Chinese applicants to apply for foreign patents.
3. The new "Implementation Rules" clearly define inventions and utility model technologies completed in China: "refers to inventions or utility models in which the substantive content of the technical solution is completed in China", and Expand the scope of the unit to any unit to prevent some multinational companies from stipulating that the rights to inventions and creations belong to the parent company under the guise of entrustment or joint development, thereby applying for patents abroad first to avoid confidentiality review in the patent law regulations. The new regulations on confidentiality review are not only conducive to the confidentiality of technologies involving my country's national security or important fields or major interests such as energy, communications, and biogenetics, but also enable Chinese citizens, especially domestic enterprises, to obtain timely access to inventions and creations completed in China. Relevant information can better promote the improvement of technical level.
4. The new "Implementing Rules" stipulates a time limit for confidentiality review, that is, after the patent applicant files an application for confidentiality review, if the National Intellectual Property Office believes that confidentiality may be involved, it must be done no later than The applicant shall be informed within four months that the invention may involve confidentiality, and the National Intellectual Property Administration shall inform the applicant of the final decision on whether the invention needs to be kept confidential within six months at the latest. Even in the most complex cases, no more than four or six months’ notice is allowed. If the time limit is exceeded, no notification is given, and no final decision is made, the applicant is allowed to apply for a patent externally. This is a good guarantee for the legitimate rights and interests of the applicant and their need to apply for a patent externally. Applicants can also contact the confidentiality review team of the Intellectual Property Bureau of my country. There are similar confidentiality review provisions in the US patent system, and the maximum period for confidentiality review is also six months.
5. The "Patent Examination Guidelines" clearly state that those who apply for a patent in a foreign country in violation of the provisions of Article 20, Paragraph 1 of the Patent Law regarding confidentiality examination, will not be subject to any domestic patent application for the same invention. Application does not grant patent rights. When the Patent Office of the National Intellectual Property Administration examines and approves an applicant's request for patent confidentiality review in a foreign country, the final assessment is that in the subsequent review of the patent application, such as the preliminary review, substantive review and invalidation stage, once the public provides evidence If it proves that the substantial content of the application has been patented in a foreign country without confidentiality review by the Patent Office, the patent application will not be granted patent rights in China, or will be declared invalid. That is to say, if there is evidence to prove that the substantive content of a patent application has been patented in a foreign country without confidentiality review by the Chinese Patent Office, and the public submits this evidence during the preliminary and substantive review stages of the application, the Patent Office will reject it. The application; if granted, will be declared invalid by the Patent Office. Can the contents of the MMS album be kept confidential?
There is no absolute confidentiality on the Internet. Although we need a password to access the MMS album, the background staff of the MMS album can see the contents of your album without a password. Just like China Mobile said that the content of text messages cannot be searched, in fact, many private detectives have obtained the content of text messages from China Mobile.