In order to further the country's commercial secrecy protection pilot city construction, and to ensure that shenyang enterprises “leave out” to secure foreign business secrets, the united markets monitoring authority of shenyang recently issued a guide to the protection of foreign rights in business secrets in shenyang city. With systemic innovations at its core, the guidelines provide the shenyang programme for the national protection of business secrets by creating a system for the protection and defence of foreign business secrets that is fully process-oriented, differentiated and industry-friendly. The guidelines were launched as a core institutional initiative in shenyang city based on an innovative pilot approach to the protection of foreign business secrets。
I. Quantification of classification and development of a universal differentiated protection system
The guidelines go beyond the one-size-fits-all system for the protection of traditional business secrets, and innovation creates a hierarchical adaptation mechanism based on the size of the enterprise, the proportion of foreign business, which provides a replicable management template for the protection of business secrets throughout the country, tailored to the different levels of development and the characteristics of foreign business。
Ii. Full-cycle closed-ring controls to develop standardized cross-chain norms for foreign protection
The guidelines, which are based on institutional innovations, build a system of full-cycle closed-ring management of “pre-trial control - rights in practice - after-effects”, which regulates the processes of risk screening for foreign business secrets, early warning of violations, evidence-fixing, cross-border defence, double-discretion optimization, and fills the gaps in the standardization of business secrets in the country, creating a practical paradigm of national dissemination。
Iii. Sustainable industrial sustainable programmes to experience industrial protection
The guidelines, which are tailored to the characteristics of shenyang's industrial development, provide precise anchoring of high-end equipment manufacturing, automobiles and spare parts, aerospace and new generation of information technology, as well as city-wide niche industries, tailor-made guidance on the protection of commercial secrets, promote the resonance of commercial secrets with industrial development, and integrate them in depth, thus providing a practical path for targeted and sophisticated commercial secrecy protection in industrial clusters throughout the country。
Iv. Plurality of synergism to build a physical cross-border rights support system
The directive makes it clear that enterprises can rely on the shenyang city business secret protection association, the overseas intellectual property dispute response platform, the commercial secret protection specialists' think tank, and obtain professional guidance in all aspects of the process, such as dispute analysis, strategy development, counsel's referral, technical identification, etc., for major violations; in cases of serious violations, they can promote the handling of cases through joint, inter-agency law enforcement and foreign defence coordination mechanisms, such as the municipal market regulatory authority and the public security directorate, to improve the efficiency of cross-border protection of rights and to provide full protection of the rights of enterprises abroad。
The shenyang city market supervisory authority will continue to deepen the innovation, institutional innovation and service innovation in the protection of business secrets, accelerate the construction of a business secret protection system that matches the urban positioning of the north-east asian internationalized centre, continuously optimize the marketization, rule of law and internationalized business environment, and help shenyang accelerate the construction of the north-east asian open cooperation hub and promote high-quality development of an open economy。
To facilitate communication and learning, the full text of the shenyang city guidelines for the protection of foreign rights in business secrets can be downloaded from the 2d code below。
