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首先,企业商业秘密及其保护途径。优胜劣汰、优存劣败是市场竞争的必然规律,激烈的市场竞争决定着各企业的生死存亡。在当今高度信息化的社会,企业要保持其优越性以在竞争中立于不败之地,努力开发、经营、增值和维持其特有的商业秘密乃是一项十分有效的战略措施,它往往成为企业成败的关键一环。为了建立和维护正常的市场机制,必须把企业商业秘密的保护纳入法律的调控范围。什么是企业商业秘密?各国法律有不同的定义和列举,但概括起来不外乎指企业作为所有人或独占的(排它的)使用人所有或持有的技术诀窍和经营机密。前者指专利技术之外的所有技术机密,后者则是企业营业状况方面的秘密信息,如顾客名单、材料来源、价格表、成本核算情况等。企业商业秘密具有两个特性:对企业之外是保密的并且具有相应的保密措施;
First of all, business secrets and their protection. Survival of the fittest, the survival of the poor is inevitable competition in the market, the fierce market competition determines the survival of all enterprises. In today’s highly information-oriented society, companies must maintain their superiority to remain invincible in their competition and work hard to develop, operate, value-add and maintain their unique trade secrets as a very effective strategic measure, which often becomes The key to business success or failure. In order to establish and maintain a normal market mechanism, the protection of business secrets must be included in the scope of regulation and control of the law. What is business secrets? Different national laws have different definitions and enumeration, but in summary only refers to the know-how and operating secrets owned or held by the enterprise as owner or exclusive (exclusive) user. The former refers to all the technical secrets except the patented technology, while the latter is the secret information about the business conditions of the enterprise, such as customer list, material source, price list and cost accounting. Corporate business secrets have two characteristics: they are confidential outside the enterprise and have corresponding security measures;