数字时代需要更有力的商业秘密保护丨法经兵言

Core Viewpoint - The recent release of the "Draft Regulations on the Protection of Trade Secrets" is a significant step towards establishing a trade secret protection system in China, addressing challenges posed by the digital age and enhancing the protection of rights holders [1][2]. Group 1: Challenges in Protecting Trade Secrets in the Digital Age - The core elements of trade secrets include secrecy, value, and confidentiality, which face challenges in the digital era due to the electronic storage of information and the ease of data replication [2][3]. - Internet reliance increases the risk of trade secret theft through cyber threats and potential failures in confidentiality measures due to cloud service complexities [2][3]. - New technologies like artificial intelligence and the Internet of Things create novel trade secrets that existing laws struggle to protect adequately [3]. Group 2: Direction of Trade Secret Protection Rules - The draft regulations clarify the elements constituting trade secrets, including definitions of "not known to the public," "commercial value," and "taking confidentiality measures," enhancing the legal framework for protecting trade secrets [4][5]. - A systematic trade secret protection framework is proposed, shifting from reactive to proactive measures, emphasizing the roles of various stakeholders in the protection process [6][7]. - The draft regulations detail the types of actions that constitute trade secret infringement, aiming to improve the applicability and effectiveness of the law in practice [7]. Group 3: Focus Points for Trade Secret Protection in the Digital Era - There is a need to refine definitions and elements related to trade secrets to unify enforcement and judicial standards, reducing ambiguity in legal applications [8]. - The shift from "post-infringement remedies" to "prevention" is emphasized, encouraging businesses to establish robust confidentiality systems and risk management mechanisms [8][9]. - As Chinese companies expand internationally, there is an increasing demand for foreign-related trade secret protection, necessitating the development of a system aligned with international standards [9].