Summary
Computer software, as a core element of enterprise competitiveness, involves complex technological and business information. Reasonable “secret points” selection and determination not only affect the protective effects of business secrets but also play a key role in the legal risk protection of enterprises. This paper is a review of the experience of many civil and criminal cases involving commercial secrets, analysing the method of selecting and identifying the secret points of computer software in terms of legal definitions, selection criteria, protective measures and judicial practice, exploring the steps of implementation and their legal applicability, taking into account the actual case profile points。
Introduction
Computer software, as an important intellectual asset of an enterprise, can protect its expression through copyright, as well as its technical and commercial information through commercial secrecy. In today's increasingly evolving information technology, businesses are more interested in achieving long-term protection of core software technologies through the protection of business secrets. Secret points are at the heart of commercial secrets, and reasonable secret selection and determination determine the scope and effects of protection of commercial secrets. This paper is a review of the experience of the senior partner of the law firm of kingstown (chongqing) in shanghai, mr. Li zhanghu, as well as the team, in conducting numerous civil and criminal commercial secret cases and exploring in detail the method of selection and identification of secret points in the protection of commercial secrets in computer software。
Definition of secret points and their importance in the protection of commercial secrets
(i) definition of secret points
Secret points, i. E. Information or technical details of commercial secrets that require priority protection, typically contain information of uniqueness, commercial value and confidentiality measures. For computer software, closed points can be specified algorithms in the source code, data structure, interface design, data processing logic, etc. Unlike the overall design of the software, closed points often represent the uniqueness or core competitive parts of the software and are the technical elements that the enterprise must focus on protecting。
(ii) importance of secret points in the protection of commercial secrets
In the protection of commercial secrets, closed points serve to delineate the scope of protection. A reasonable choice of points of confidentiality could make the scope of protection more centralized, reduce unnecessary legal risks and enable rights-holders to provide clear evidence in support of claims in the defence process. Secret points not only provide effective protection for innovation and technology in enterprises, but also maintain technological leadership for enterprises in a competitive market environment。
Iii. Legal basis for the selection of secret points for computer software
(i) provisions of the anti-improper competition act
Our law on anti-improper competition specifies that trade secrets require secrecy, value and confidentiality. The selection of software secret points is subject to these three elements and forms part of a commercial secret based on undisclosed, economically valuable and reasonable confidentiality measures. The law provides a legal basis for the selection of software secret points, allowing enterprises to seek legal protection in the event of disclosure or theft。
(ii) support for other relevant intellectual property law provisions
There is some overlap between copyright, patent and anti-improper competition law protections. Copyright protection of computer software applies primarily to the expression of source codes, while patent protection focuses on algorithms and innovations in processes. The choice of secret points should take into account the scope of protection of copyright and patent law and ensure that the secret points of protection of commercial secrets are the technical information and core details of software to enhance protection。
(iii) application of international and extraterritorial law
Internationally, the uniform commercial secrets act of the united states explicitly recognizes software technology information and commercial information as confidential points. The eu directive on the protection of business secrets also provides protection for technical information of enterprises, making it legally reasonable to protect business secrets and to select secret points. These acts provide important references for enterprises to protect software secrets in the international environment。
Criteria for selection of computer software points
(i) technical uniqueness
Technical uniqueness means that the secret points are different within the industry and are not easily accessible through open information. For computer software, unique algorithms, specific data-processing logic, data storage, etc. Are often relatively unique. When selecting points of confidentiality, enterprises should give priority to those elements that are technically original and unique in order to ensure that they are legally non-alternative。
(ii) commercial value
The software should have commercial values that bring economic benefits to the enterprise or enhance its competitive advantage. Commercial values are not limited to direct gains, but also potential market competitiveness. For example, unique data-processing algorithms can improve software efficiency and place enterprises in a stronger position in the market. The commercial value of such information determines its priority in the selection of points of confidentiality。
(iii) non-publicity
The secret point should be undisclosed or difficult to access. Core software codes, unique algorithms, etc., do not meet the requirements of confidentiality if they are readily available in the open market. Therefore, enterprises should avoid choosing information that is widely used within the industry or that is easily obtained through reverse engineering when choosing a secret location。
(iv) reasonable confidentiality measures
The secret spot selection needs to be matched with confidentiality measures. It would be difficult for the law to protect an enterprise as a commercial secret if it did not take reasonable measures of confidentiality in respect of the location. Reasonable confidentiality measures include staff confidentiality agreements, access rights settings, encryption, etc. Ensuring the security of confidential points through reasonable confidentiality measures can effectively enhance the enforceability of protection of commercial secrets。
Specific options for the selection of compact points for computer software
(i) secret spot selection based on code analysis
The source code is the core element of the computer software and, by analysing the source code, allows for the identification of code fragments of high commercial value and uniqueness. Enterprises should focus on protecting core parts of the source code, such as algorithms, data-processing codes, protection measures such as access rights and encryption. Such codes are often difficult to obtain through legitimate means and can therefore serve as preferred points of confidentiality。
(ii) close point selection based on algorithms and data structure
Algorithms and data structure designs in software are one of the core components of closed points. Enterprises can determine the content of the secret points from the perspective of data processing efficiency and the uniqueness of algorithm design. Secret point algorithms are usually used in complex computing or data encryption, and are highly specialized and irreplaceable. Enterprises need to adopt hierarchical management and access controls to protect the security of algorithms。
(iii) close spot selection based on interface and architecture design
Software interfaces and architecture designs often have a direct impact on software performance, scalability and compatibility. The rational choice of interface design and architecture is a close point that not only effectively prevents replication by competitors, but also protects enterprise software design systems. For example, the design of the api interface may be more exclusive in certain areas, and enterprises should set up access rights and take protective measures to protect the interfaces。
Implementation measures for the protection of computer software
(i) signing of confidentiality agreements
Confidentiality agreements are important legal safeguards for the protection of confidentiality. Enterprises may enter into confidentiality agreements with employees and cooperating parties, specifying confidentiality obligations, restrictions on the use of information and legal liability. The agreement should detail the contents of the secret points, the confidentiality period, etc. To ensure that the information is not disclosed. By agreement, enterprises can prevent confidential information from being used at random after the employee has left or cooperated。
(ii) grade management and access control
Enterprises can implement hierarchical management of secret content, with different levels of information with different access rights, especially core algorithms and structured information. Access controls include such measures as graded account management and double-checking, which allow access to confidential information only by specific persons, thereby reducing the risk of disclosure。
(iii) application of encryption technology
Encryption is an indispensable technical tool in the secure protection of points. The enterprise may encrypt the contents of the secret points to ensure that they are not easily decrypted even in the case of network or physical disclosure. Encryption measures may include code encryption, data encryption, setting access passwords, etc. To enhance the security of a secret point。
(iv) periodic inspection and monitoring
The effectiveness of secret protective measures should be ensured through regular inspection and monitoring. Enterprises need to regularly review the use of confidential information and analyse potential risk of leakage. For example, staff rights are monitored using logs and emergency measures are taken when unusual visits are detected in order to improve the practical effects of close protection。
Model case analysis for the selection of secret points for computer software
Case 1: secret protection of core algorithms by a software company
In that case, the plaintiff's software company had taken multiple protective measures against algorithms, including code encryption, the signing of confidentiality agreements, authority control, etc. The algorithm, because of its uniqueness in data processing efficiency, became a secret point for companies. In court proceedings, the plaintiff successfully proved the secret nature of the algorithm and obtained legal support. The case demonstrated that businesses could more effectively protect their business secrets through reasonable selection and protection of secret points。
Case 2: protection of commercial secrets in the design of a company interface
In this case, the plaintiff claimed that its software interface was designed as a secret point and charged the defendant with stealing the design design and applying it to the product. The court found that the plaintiff had applied strict confidentiality measures to the interface and that the design of the interface was clearly unique and of commercial value. The court eventually upheld the plaintiff's claim. The case demonstrates the effective protection of interface design as a secret point。
Viii. Classification of computer society points and confidentials
(i) risk analysis
1. Technology disclosure risk: secret point information may be leaked in situations such as staff departures and cooperative exchanges, especially when there is a high flow of sensitive posts and protection of high technology disclosure risk。
2. Reverse engineering risk: other persons may perform reverse engineering by legally purchasing software on the open market to decipher technical information about the enterprise's secret points。
3. Data intrusion risk: cyber-threats such as hacker attacks and malicious software may lead to the disclosure of information on the company's core secret points。
(ii) preventive measures
1. Enhanced staff training and confidentiality awareness: enterprises should regularly train their staff on confidentiality and raise awareness of confidentiality。
2. Enhancement of cyber security measures: enterprises should deploy firewalls and use technical means such as data encryption to reduce the risk of hacking and ensure that confidential information is not obtained illegally。
3. Strengthening confidentiality provisions for cooperation with third parties: cooperation with third parties should be accompanied by an agreement containing a clear duty of confidentiality to ensure that confidential information is not misused or leaked in cooperation。
Conclusions
Reasonable choice and determination of a secret point is a key step in the protection of commercial secrets of computer software. Through close protection, enterprises can effectively prevent the leakage of core technology information and prolong the market competitiveness of technology. In the future, as the legal system continues to improve, it will be more scientifically sound to select and protect the secret points of computer software and provide strong support to enterprises in protecting core technological information。
