Interim provisions on the protection of commercial secrets of central Enterprises

Liu April 26, the state-owned Assets Supervision and Administration Commission (hereinafter referred to as "SASAC") website published the "Interim provisions for the protection of commercial secrets of the Central Enterprises" (hereinafter referred to as "interim provisions") of the full text.　　Content is divided into six chapters, total 34 items.　　This is China's first on the protection of Trade Secrets Department regulations, prior to the SASAC has issued a notice of implementation on March 25, but did not disclose content. It can be seen in the SASAC's documentation that the establishment of this regulation is led by the SAC Secrecy Committee.　　Through research, discussion, research and other links, the whole formulation work for more than half a year. And it was more than half a year before the Rio Tinto case was exposed.　　From August 2009 Shanghai procuratorial Organ to make the arrest decision, to March 2010 Shanghai First Intermediate People's Court to make a first instance judgment, the Australian Rio Tinto company Shanghai office of 4 per capita to violate the commercial secret crime, non-state staff bribery crime was held criminally responsible. The six months of the Rio Tinto case were six months after the interim provisions were enacted.　　Sasac's explanatory paper clearly states that this regulation is to "ensure the safety of the core business information and technical information".　　This from the specific provisions of the provisional provisions can be seen--the fourth chapter 23rd stipulates that the central enterprises to strengthen key projects, important negotiations, trade secret protection of major projects, the establishment of confidential work in advance entry mechanism, the relationship between national security and interests should be reported to the relevant State departments. "Our country's previous legal provisions on the protection of trade secrets were too careless, leading to the theft of many important trade secrets almost equal to the white."　　"Wang Weiguo, president of the Institute of Economic and Commercial law. The rapid introduction of the provisional regulations also reflects the urgent need for the protection of trade secrets in this field. Wang Weiguo said: "The provisional provisions focus on business management efforts, which is actually a key point to solve the problem."　　"The temporary provisions on the meaning of trade secrets, the scope of protection and the level of confidentiality are clearly defined."　　The second part of the general rules defines the business secret of an enterprise, that is, the business information and technical information which is not known to the public, can bring economic benefits to the central enterprise, has practicability and adopts the secret measure by the central enterprise.　　The scope of protection of business Secrets includes: strategic planning, management methods, business models, restructuring and listing, mergers and acquisitions, property rights transactions, financial information, investment and financing decisions, production and marketing strategies, and other technical information.　　The classification of the business Secrets of the central enterprise, according to the extent of the damage to the economic interests of the enterprise, is determined as the core business secret, the ordinary commercial secret level two, and the classified labeling is unified as "core business Secrets" and "Common Business Secrets".　　The provisional provisions of the 11th Section also clarified that, as a result of the adjustment of the scope of state secrecy, the central enterprise business secret needs to be changed to state secrets, it must be determined as a state secret according to legal procedures.　　As a focus of this regulation, the provisional provisions define the institutions, responsibilities, measures and disincentives for the confidentiality of central enterprises. The Central Corporate Confidentiality Committee is a business secretProtection work agencies, confidential office is its day-to-day offices, and to be equipped with full-time confidential personnel. If the employees of a central enterprise disclose or illegally use trade secrets, the circumstances of which are heavier or cause great losses to the enterprise, they shall be prosecuted for the relevant legal liability.　　Persons suspected of committing crimes shall be transferred to the judicial organs for treatment.　　Sasac in the interim provisions of the requirements of the central enterprises should be combined with the actual enterprise, in accordance with the provisions of the business secret protection of the implementation measures or work rules.　　Despite the introduction of such a sectoral regulation, but Wang Weiguo that China's trade secret protection of the legal system is still deficient. "Like the United States, it has the Economic Espionage Act, and even attempts to steal trade secrets are likely to be sentenced," he said. And we're not doing enough.　　"Wang Weiguo said. Sasac also said that the provisional provisions of a major significance of China's trade secret legislation to provide a reference.