深圳市中级人民法院：2025企业商业秘密管理与维权指引

Summary of Key Points Core Viewpoint The report titled "2025 Corporate Trade Secret Management and Protection Guidelines" aims to enhance the level of trade secret protection for enterprises and establish a comprehensive protection system. It covers aspects such as the overview of trade secrets, leakage scenarios, protection system construction, and avenues for rights protection. Group 1: Overview of Trade Secrets - Trade secrets are defined as technical and operational information that is not publicly known, has commercial value, and is subject to confidentiality measures by the rights holder. They possess three main characteristics: secrecy, confidentiality, and value [2][26]. - The protection scope includes technical information (e.g., formulas, processes) and operational information (e.g., customer data, bidding materials) [2][43]. Group 2: Common Leakage Scenarios - The report identifies 22 leakage scenarios across various dimensions, including personnel, information release, storage, and transmission. High-risk personnel leakage includes job-hopping, self-establishment, and collusion [3]. - Information release leakage includes public disclosures, academic publications, and media leaks, while storage leakage involves carrier leaks and reverse engineering during product circulation [3][10]. Group 3: Protection System Construction - Enterprises should establish four major management systems: classification management, minimum contact, full-process management, and reasonable use principles. The management organization should involve top management, specialized management bodies, and operational departments [4]. - Personnel management should cover the entire employment process, including background checks, confidentiality training, and signing agreements [4][20]. Group 4: Avenues for Rights Protection - Enterprises can pursue rights protection through three main avenues: administrative, civil, and criminal. Administrative avenues include complaints to market supervision departments, while civil avenues involve negotiation, arbitration, and civil litigation [5]. - The report emphasizes the importance of a comprehensive approach to trade secret management and rights protection, providing practical guidelines for enterprises to safeguard their core assets and maintain legal rights in a competitive market [5][12].