In the context of the current dissemination environment for trade secrets,the importance of implied confidentiality obligations is increasingly prominent.The regulatory function lies in balancing the interests of trade secret owners and societal benefits in trade secret protection.In practice,there is a general trend towards the application of implied confidentiality obligations,driven by factors such as unscientific identification methods,uncertain ethical implications in business,and the dependency of confidentiality requirements on secrecy criteria.This makes the applicants view trade secret protection with a closed mindset,which tends to excessively favor the interests of owners,leading to consequences of indirect recognition of the principle of'inevitable disclosure',higher standards for ethical business practices,circumvention of trade secret protection rules,and erosion of the proprietary foundation of trade secrets.Based on the balance of interests within trade secret protection,the determination of the scope of implied confidentiality obligations should be guided by the principle of fairness.The determination of the existence of implied confidentiality obligations should be based on the principle of fair notice,and the content of implied confidentiality obligations should prioritize foreseeable use standards.In this way,the unreasonable expansion of the scope of implied confidentiality obligations can be prevented.
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