Standard for Determining the Secrecy of Algorithmic Trade Secrets
Algorithm as trade secret protection object has been confirmed in the empirical law,but algorithm has its own characteristics compared to other general trade secrets,there is a certain degree of incompatibility between algorithm secrecy and algorithm disclosure rules.The black box and complexity of algorithm make it difficult to determine its secrecy.Therefore,it is necessary to clarify the standard for determining the secrecy of algorithmic trade secrets,so as to effectively protect algorithmic trade secrets.This paper takes into account the special characteristics of algorithms and the problems in the judicial application of Article 32 of the Anti-Unfair Competition Law,and puts forward corresponding optimization paths in combination with relevant cases,to clarify the standard for the determination of algorithmic secrecy,and provide a reasonable interpretation of Article 32 of the Anti-Unfair Competition Law and its specific application.