What is TRIPS?
TRIPS is the English abbreviation of GATT intellectual property agreement. With the great changes in the world economy and trade pattern, the protection of intellectual property rights has been paid more and more attention by countries all over the world, and TRIPS came into being under this situation. TRIPS plays an important role in all WEO agreements, and Article 39 of TRIPS stipulates the protection of "undisclosed information".
"Unpublished information" is what we usually call "trade secrets". TRIPS uses this term because although "trade secret" is a common name, its meaning is different in different countries. In order to avoid disputes, the TRIPS Agreement uses the term "undisclosed information".
The definition of undisclosed information in TRIPS Agreement is: "This kind of information is secret in the following sense, that is, as a whole or as a specific structure or combination of its parts, it is not generally known or easily obtained by people who introduce the information field; It has commercial value because it is secret; And the person who legally controls the information has taken reasonable confidentiality measures according to the Ministry of Civil Affairs. It can be seen that the constitutive elements of "undisclosed information" proposed in the TRIPS Agreement are consistent with the definition of "trade secret" in Chinese law, that is, confidentiality, value, practicality and management.
Article 39 of TRIPS is the first multinational company to recognize the important position of trade secrets in industry.
Any country or region that wants to join the World Trade Organization must abide by all the provisions of TRIPS, including Article 39, which actually completes the internationalization task of the trade secret protection law and makes the trade secret protection a part of the international economic law.