Research On Algorithmic Trade Secret Protection System

The old attributes of algorithmic private rights and the new attributes of algorithmic public power are still in the stage of coexistence.Ignoring the protection of the nature of their private rights and only talking about restrictions on the nature of their public powers,it is neither in line with the reality nor conducive to algorithm technology and society.healthy development.The necessity of algorithm secrecy cannot be negated by the necessity of algorithm disclosure.Therefore,it is necessary to actively promote the connection between the algorithm trade secret protection model,which is one of the algorithm private rights protection models,and the related systems of algorithm governance,so as to help algorithm governance.Algorithms,as a new type of trade secret object,have the following main difficulties in their application: First,there is a lack of clear legislative provisions,and only judicial interpretations affirm the attributes of their trade secret objects.Second,the requirements for the constituent elements of algorithmic trade secrets are ambiguous,it is difficult to coordinate the algorithm disclosure system,and it cannot fit the characteristics of algorithms that are different from other commercial secret objects.Third,there are legal obstacles to the determination of algorithmic trade secret infringement,which is embodied in the complex sources of confidentiality obligations and the unclear rules for determining infringement facts.Fourth,there is a conflict between algorithmic trade secret protection and various algorithmic disclosure systems,and the relationship between the two needs to be coordinated.It is necessary to supplement the legislative provisions on algorithms,improve the elements of algorithm trade secrets,confidentiality obligations,and rules for the determination of infringement facts,and give practical suggestions on how to determine and coordinate the relationship between algorithm trade secrets and algorithm governance.