Judicial Identification of Trade Secrets

Forensic appraisal of trade secrets refers to an activity in which, in trade secret disputes or infringement cases, entrusted by the court or procuratorate, or upon application by the parties, appraisal institutions or appraisers with corresponding qualifications use professional knowledge and technical means to appraise the business secret information involved in the case. The purpose is to determine issues such as the existence, non-public knowledge, confidentiality, identity, value and loss of trade secret information, and to provide scientific evidence and basis for the trial and adjudication of cases.
As an independent third-party inspection and testing organization under Guoke Holdings, Zhongke Testing has the qualifications for intellectual property appraisal and can provide judicial appraisal services for trade secrets.

Trade secrets are divided into two types: technical information and business information.
technical secret information refers to non-patented technology that meets the definition of trade secret. Its scope mainly includes: technical design, application testing, process flow, industrial formula, chemical formula, production process, technical samples, quality control, production methods and computer programs and other information.
Business secret information refers to methods, experiences and strategies related to business management that meet the definition of trade secrets. It mainly includes: development plans, competition plans, management know-how, customer lists, supply information, production and marketing strategies, financial status, investment and financing plans, bidding documents, negotiation plans, property guarantees and litigation and disputes, etc.

(1) Whether the technology and business information involved in the case constitute a trade secret;
(2) Whether the technology and business information involved in the case are publicly known;
(3) Whether the technology and business information involved in the case have commercial value;
(4) Whether reasonable confidentiality measures have been taken for the technology and business information involved in the case;
(5) Whether the technology and business information involved in the case have been leaked, used and disclosed;
(6) Loss of business secrets.

Shenzhen XX New Materials Co., Ltd. reported that XX Machinery Company stole its new material manufacturing process parameters without permission, causing XX New Materials Company to suffer huge losses.
To this end, the Judicial Appraisal Center was entrusted to conduct a trade secret non-public knowledge appraisal on the technical information contained in "a XX new material manufacturing process" of Shenzhen XX New Materials Co., Ltd.
appraisal analysis results: The
appraisal analysis expert group commissioned a novelty search agency to search domestic and foreign information based on three key points of information including tooling and preparation methods included in "a XX new material manufacturing process" provided by the client, and analyzed it based on the opinions of industry experts and made a decision The following appraisal opinion: The three confidential information contained in
XX New Materials Co., Ltd.'s "A XX New Material Manufacturing Process" including tooling and preparation methods were all non-publicly known technologies before the time node specified by the client, and complied with the requirement of "not being known to the public" in trade secrets stipulated in the Anti-Unfair Competition Law.