1. The Definition of Confidential Information
Confidential information refers to all the information and the data or the technology which is not generally known to the public but can also bring economic benefit to its holder including but not limited to any software, craft, design, drawing, proprietary technology, project, flow, mode, hardware configuration information, customer list, contract, cost, research report, estimation and evaluation, report forms, business plan, trade secret, business model, corporateresolution, etc., or all of the business information, financial information, technical data, capital goods as well as meeting documents and files related to the research, development, production, product, service, customer and market of the provider; the confidential information shall consist of both that is identified as confidential in writing, and given verbally which is then identified as confidential or proprietary in writing.
The above referred to the confidential information excluding following information:
a.) which is in the know by the receiver before the provider received it in the case of without shouldering the burdens of confidentiality;
b.) which is not caused by the fault of neither side is known to the public
c.) which is obtained legally from the third party without shouldering the burdens of confidentiality, and the receiver could be defined as to understand whom obtain and disclose the confidential information not illegally;
d.) which is disclosed legally to the third party without shouldering the burdens of confidentiality by the provider, and as well as by the third party;
e.) which is obtained by the receiver through independent development in the case of never exposing to the confidential information;
f.) which is released by the receiver with the prior informed permission in written form of the provider.
2. The receiver and the provider
The “receiver” is referred to as one party who gains the confidential information.
The “provider” is referred to as one party who provides the confidential information.
The confidential information is often described as “private information”, “business secret” or “know-how”. The Original recognized legally can forcedly control and prevent the party who has known the confidential information to be breach of the contract and integrity to use the confidential information. This coerciveness depends on the Original showing that: this confidential information is not known by the public domain, and the confidential information should be abided by the confidentiality agreement to send to other party, and the Original can be able to sustain the loss owing to the other party is breach of the contract and integrity. The owner of the confidential information can be able to decide whether send the confidential information to other party or control the confidential information by himself or herself.