With the rapid development of new technologies, new models, and new business formats, the importance of trade secrets in the intellectual property legal system has continued to increase. In many industries, especially high-tech fields, they have become the foundation for innovation entities such as enterprises and scientific research institutes.
Cai Peng, a lawyer at Zhong Lun Law Firm, said that taking appropriate measures to protect related technologies is the first step in maintaining trade secrets, and the lack of appropriate confidentiality measures will directly affect the establishment of statutory trade secrets. Considering the development characteristics of artificial intelligence technology, it will involve several key positions, such as algorithm development and data development. Therefore, enterprises need to formulate complete internal management regulations, such as confidentiality systems, confidentiality manuals, network security regulations, and data protection systems.
"Enterprises should avoid using the same version of the confidentiality agreement for all employees of the company. Instead, they should assign relevant confidentiality obligations and legal responsibilities to key technology R&D personnel. They should also have a corresponding R&D reward system to achieve consistent rewards and punishments. In implementing the confidentiality system, enterprises should adjust the team and R&D situation according to different stages. It should not only ensure that the core confidential documents will not be leaked due to the loss of employees, but also ensure the effectiveness of accountability and the traceability of evidence." Zhong Lun Law Firm Lawyer Pan Cong said.
The high mobility of talents in the artificial intelligence industry can easily lead to R&D risks. Cai Peng pointed out that while attracting outstanding talents to join, companies also need to implement internal risk isolation mechanisms to avoid unknowingly or unauthorized use of third-party technical secrets, which will lead to unfavorable situations for prosecution and investigation. In the process of introducing core technical personnel, artificial intelligence companies should establish relevant technical isolation and legal isolation documents with them, make it clear that they are aware of the company's relevant rules and regulations, and ensure that they do not bring in or use the confidential information of the former employer in their duties, and eliminate the risk of technical data being misused.
Pan Cong said that enterprises could build and purchase network firewalls, encryption and decryption technologies, and network and data monitoring technologies to build the most secure network security system for enterprises. The first is to prevent the intrusion and theft of external technology, and the second is to do well in data backup and storage to prevent improper download and leakage by internal employees. In addition, when a network is attacked or leaked, companies need to respond in a timely manner to minimize the risk of leaks and avoid losses to the company's normal operation.