Fluorescence resonance energy transfer (FRET) http://www.microimage.com.cn/ (2008-03-07 14:59:52) a live cell research problems encountered:
Mutual combination of proteins or other molecules in living cells and the location is the key issue to understand their function. To answer this question, the protein marked with different fluorophores. However, the resolution of optical microscopy to protein detection accuracy is limited to around about 0.2μm. To study the physical interactions of the protein components of high resolution.
Second, what is of FRET?
FRET is the use of non-radiation methods, the close proximity (1-10 nm) in the donor and recipient each other, the transfer of the photon from an excited fluorophore (donor) to another fluorophore (acceptor) . Using FRET, can be solved more than the resolution limit of optical microscopy of molecular relative proximity to display (for example) (1) the molecular interaction between the two protein components; (2) within a molecule (such as enzyme activity, DNA / RNA changes in the structure of the form); (3) ion concentration such as the CFP-of YFP Cameleon Special FRET-tools
CFP by light excitation after emission CFP by light excitation, but did not launch Xiao Guang.
CFP from YFP distance greater than 10nm the CFP and YFP is very close (1-10 nm)
YFP excitation has not been, so do not emit light CFP did not excited by light, but the light emitted
Third, FRET principle
By the excited fluorophore (the donor) will be excited by the static can be transferred to a light absorbing molecule (receptor). The transfer of non-radioactive, mainly because between the donor and acceptor dipole - dipole interaction. Dipole reaction in the excited state donor to the non-excitation energy transfer to the next receptor. This theory is based on the excited fluorescent molecules as oscillating dipole, and the same oscillation frequency of the other dipole energy exchange.
Only a few fluorophores suitable for FRET experiments, because, in addition to other necessary conditions (such as dipole orientation, adequate fluorescence lifetime), the donor emission spectrum must be the receptor excitation spectra overlap. Known FRET CFP / of YFP, BFP / GFP, GFP / rhodamine, FITC/Cy3
CFP / of YFP of FRET energy diagram:
CFP (donor) was excited, but most of the energy does not cause green emitters; but transferred to the of YFP (acceptor); therefore, the resulting emission is mainly yellow.
Fourth, the FRET applications
Such as green fluorescent protein (GFP) fluorescent proteins (FPs) are very attractive for FRET experiments. They can be genetically fused to the relevant proteins and expressed in cells, making them excellent reporter system for gene expression and protein localization in living cells. Can provide enhanced FP variants with different spectral characteristics.
Cyan-colored CFP as donor, the yellow YFP as acceptor is the most suitable for living cells for FRET experiments, the emission spectrum of CFP partially overlaps the YFP excitation spectrum.
When they are close enough to stimulate the absorption wavelength of CFP, the CFP chromophore will be high energy efficient resonant transfer to YFP the chromophore, the emission fluorescence of CFP diminished or disappeared, the main launch will be YFP fluorescence. The energy conversion efficiency between the two chromophore and the distance of space between them is inversely proportional to the power of 6, the change of spatial location is very sensitive [1-2]. For example, to study two proteins, the interaction between a and b, according to the FRET principle to build a fusion protein, this fusion protein composed of three parts: the CFP (cyan fluorescent protein), protein b, of YFP (yellow fluorescent protein). CFP absorption wavelength of 433nm as the excitation wavelength, smart experimental design, so that when the protein a and b does not interact very far away from the CFP and YFP can not occur fluorescence resonance energy transfer, and thus detected by the CFP emission wavelength of 476nm fluorescence; But when the protein a and b interact, protein b by a role in protein conformational changes, the CFP and YFP fully close to the occurrence of fluorescence resonance energy transfer detected YFP of the emission wavelength of 527nm fluorescence (Figure 1). The gene encoding this fusion protein by transgenic technology expressed in the cell, so that under physiological conditions of living cells to study protein - protein interactions
2012年5月5日星期六
Network training
Network training
Network training, also known as e-learning, online training, online education and online learning, Xiao Gang, E-Learning is defined as: through the application of information technology and Internet technology, content distribution and rapid learning method. E-Learning E 'on behalf of the e-learning, effective learning, explore learning, experiential learning, expand learning, extended learning, easy to use learning to enhance the learning. Network training and development background:
The information revolution has had a profound impact on all areas of society and social development requires people to have updated knowledge systems to more quickly grasp changing times change. However, the traditional mode of education is clearly unable to keep up with the pace of knowledge turnover and the information explosion. Education is the beginning of the century to the direction of the "lifetime". Network as a natural carrier of information is bound by its specific features in the field of education to respond to the trend of information technology. Network training functions:
, Distance education using video conferencing systems to carry out teaching activities, and more, a wider range of students can listen to the lectures of outstanding teachers. The network of distance education can be achieved across time and space, geographical education resources contributed to the ravine where the children can feel the education information technology to achieve excellent educational resource sharing. The knowledge economy requires everyone to keep learning, to strengthen education and training of teachers is especially important, the use of network distance learning, teachers can take their own convenient time, right place, in accordance with their own learning pace and manner of learning, work study two wrong. 2 network video work conference on the education sector user due to teaching or working needs, often need to convene the Executive Council or distance learning or classroom observation, etc. In these meetings, the participants all over the convening of the meeting or a regular or random. The use of video conferencing, the participants not to travel long distances together, saving valuable time, but also reduces the amount of travel and meetings at any time. In addition to the traditional administrative meeting, academic exchanges, educational institutions also often around research institutions, the authority of professors and scholars, academic and experience exchange activities, and sometimes there are some temporary academic conferences. Traditional centralized communication activities will normally be limited by time, place, participants, and efficient conduct of these activities is restricted to a certain extent. Distance education system can not only save a lot of manpower, material and financial resources, study and exchange views and repeated anytime, anywhere. In the same time, the distance education system to provide powerful data capabilities for cross-regional exchanges to build a people sharing the work platform. Through document sharing, file transfer and other functions, the participants to the various needs of the exchange of data, graphics, reports, text and other information is synchronized to all relevant personnel, while carrying out the full video, voice communication so that everyone on the content co-operation and modifications to complete the discussions and exchange. 4, the management of education using video conferencing to strengthen the close ties between schools, parents, students, school education and family education combined. The use of video conferencing systems, online teaching, sharing of resources to achieve cooperation in running schools, excellent teaching resources shared, not only increase the opportunities for student learning, improve teaching quality and reduce the cost of teaching, but also help expand the teaching scale. The use of video conferencing systems to carry out a variety of inter-school recreational activities, Peer Review, enhance the image of the school to expand the impact of the school. 6, to promote the reform of the education information distance education independent of time, space constraints and other characteristics, distance education will be beneficial to complement and extend school education, the development of distance education is to promote the reform of school education. The characteristics and advantages of the network training is:
1, use of resources to maximize the variety of educational resources through the network to span the distance limitations of space, the education of the school to become open education beyond the campus to the wider area of ??radiation. The school can give full play to the advantage of their own disciplines and educational resources advantages, the best teachers, best teaching results spread through the network to all directions. Learning behavior independent of network technology used in distance education, its significant features are: anyone, any time, anywhere, from any chapter, learn any course. Online education is convenient and flexible "five" in the learning mode, the most directly reflects the characteristics of active learning, and fully meet the needs of the current education and lifelong education. Between the three, forms of interaction of teachers and students, students and student learning through the network all-round exchanges, to narrow the psychological distance of the teachers and students, increase teacher and student exchange opportunities and scope. And statistical analysis by computer type, number, number of students to ask questions so that teachers understand the doubts, difficulties and problems encountered by students in learning more targeted guidance to students. Personalized online education, teaching methods, use of computer network-specific information database management technology and two-way interactive features, on the one hand, the personalized information system for each network participants, the learning process and stage can be a complete system to track record, on the other hand, the system of teaching and learning services according to the system records personal information for different students personalized learning proposals. Online education for individualized teaching to provide a realistic and effective ways to realize. 5, the teaching of teaching management automation computer network management platform with automatic management and remote interactive processing functions to be applied to the management of online education teaching. Remote consultation of students, enrollment, payment, course inquiries, enrollment management, operating and examination can be completed through a network remote interaction. More in the form of network training, such as: Global occupational Wang Xiao, Study Tour Network, Network Training Network, 101 Wang Xiao, four in Beijing Wang Xiao Wang Xiao Huanggang, Xinhua School, Chinese Aurora Blade, the new LONDON School, China Accounting School, the East Austrian accounting online technical learning for students at school, Internet Service, and some of the accounting network is to replace classroom education. The disadvantage of network training is:
A lack of teaching interactive network training compared to the traditional face-to-face training, lack of interaction. 2 teaching qualification imperfect network training has its advantages when, itself the existence of the imperfect status quo of teacher training qualification, the training of teachers, their ability level of assessment there are some disadvantages. Network training industry development
The development of networks to promote the development of education and application of network training and coaching to participate in the training of counseling staff to provide convenient conditions for learning, the network training with these advantages, a lot of time is not sufficient or prefer the network of free, independent study of the candidates more choices training school to learn, Wang Xiao in China has developed rapidly. Foreign network training network hardware conditions, educational resources, has entered a period of universal online education. With the gradual improvement in the domestic network conditions, educational resources and constantly enrich and improve the network training, online education will become everyone in the study are exposed to the learning channel
Network training, also known as e-learning, online training, online education and online learning, Xiao Gang, E-Learning is defined as: through the application of information technology and Internet technology, content distribution and rapid learning method. E-Learning E 'on behalf of the e-learning, effective learning, explore learning, experiential learning, expand learning, extended learning, easy to use learning to enhance the learning. Network training and development background:
The information revolution has had a profound impact on all areas of society and social development requires people to have updated knowledge systems to more quickly grasp changing times change. However, the traditional mode of education is clearly unable to keep up with the pace of knowledge turnover and the information explosion. Education is the beginning of the century to the direction of the "lifetime". Network as a natural carrier of information is bound by its specific features in the field of education to respond to the trend of information technology. Network training functions:
, Distance education using video conferencing systems to carry out teaching activities, and more, a wider range of students can listen to the lectures of outstanding teachers. The network of distance education can be achieved across time and space, geographical education resources contributed to the ravine where the children can feel the education information technology to achieve excellent educational resource sharing. The knowledge economy requires everyone to keep learning, to strengthen education and training of teachers is especially important, the use of network distance learning, teachers can take their own convenient time, right place, in accordance with their own learning pace and manner of learning, work study two wrong. 2 network video work conference on the education sector user due to teaching or working needs, often need to convene the Executive Council or distance learning or classroom observation, etc. In these meetings, the participants all over the convening of the meeting or a regular or random. The use of video conferencing, the participants not to travel long distances together, saving valuable time, but also reduces the amount of travel and meetings at any time. In addition to the traditional administrative meeting, academic exchanges, educational institutions also often around research institutions, the authority of professors and scholars, academic and experience exchange activities, and sometimes there are some temporary academic conferences. Traditional centralized communication activities will normally be limited by time, place, participants, and efficient conduct of these activities is restricted to a certain extent. Distance education system can not only save a lot of manpower, material and financial resources, study and exchange views and repeated anytime, anywhere. In the same time, the distance education system to provide powerful data capabilities for cross-regional exchanges to build a people sharing the work platform. Through document sharing, file transfer and other functions, the participants to the various needs of the exchange of data, graphics, reports, text and other information is synchronized to all relevant personnel, while carrying out the full video, voice communication so that everyone on the content co-operation and modifications to complete the discussions and exchange. 4, the management of education using video conferencing to strengthen the close ties between schools, parents, students, school education and family education combined. The use of video conferencing systems, online teaching, sharing of resources to achieve cooperation in running schools, excellent teaching resources shared, not only increase the opportunities for student learning, improve teaching quality and reduce the cost of teaching, but also help expand the teaching scale. The use of video conferencing systems to carry out a variety of inter-school recreational activities, Peer Review, enhance the image of the school to expand the impact of the school. 6, to promote the reform of the education information distance education independent of time, space constraints and other characteristics, distance education will be beneficial to complement and extend school education, the development of distance education is to promote the reform of school education. The characteristics and advantages of the network training is:
1, use of resources to maximize the variety of educational resources through the network to span the distance limitations of space, the education of the school to become open education beyond the campus to the wider area of ??radiation. The school can give full play to the advantage of their own disciplines and educational resources advantages, the best teachers, best teaching results spread through the network to all directions. Learning behavior independent of network technology used in distance education, its significant features are: anyone, any time, anywhere, from any chapter, learn any course. Online education is convenient and flexible "five" in the learning mode, the most directly reflects the characteristics of active learning, and fully meet the needs of the current education and lifelong education. Between the three, forms of interaction of teachers and students, students and student learning through the network all-round exchanges, to narrow the psychological distance of the teachers and students, increase teacher and student exchange opportunities and scope. And statistical analysis by computer type, number, number of students to ask questions so that teachers understand the doubts, difficulties and problems encountered by students in learning more targeted guidance to students. Personalized online education, teaching methods, use of computer network-specific information database management technology and two-way interactive features, on the one hand, the personalized information system for each network participants, the learning process and stage can be a complete system to track record, on the other hand, the system of teaching and learning services according to the system records personal information for different students personalized learning proposals. Online education for individualized teaching to provide a realistic and effective ways to realize. 5, the teaching of teaching management automation computer network management platform with automatic management and remote interactive processing functions to be applied to the management of online education teaching. Remote consultation of students, enrollment, payment, course inquiries, enrollment management, operating and examination can be completed through a network remote interaction. More in the form of network training, such as: Global occupational Wang Xiao, Study Tour Network, Network Training Network, 101 Wang Xiao, four in Beijing Wang Xiao Wang Xiao Huanggang, Xinhua School, Chinese Aurora Blade, the new LONDON School, China Accounting School, the East Austrian accounting online technical learning for students at school, Internet Service, and some of the accounting network is to replace classroom education. The disadvantage of network training is:
A lack of teaching interactive network training compared to the traditional face-to-face training, lack of interaction. 2 teaching qualification imperfect network training has its advantages when, itself the existence of the imperfect status quo of teacher training qualification, the training of teachers, their ability level of assessment there are some disadvantages. Network training industry development
The development of networks to promote the development of education and application of network training and coaching to participate in the training of counseling staff to provide convenient conditions for learning, the network training with these advantages, a lot of time is not sufficient or prefer the network of free, independent study of the candidates more choices training school to learn, Wang Xiao in China has developed rapidly. Foreign network training network hardware conditions, educational resources, has entered a period of universal online education. With the gradual improvement in the domestic network conditions, educational resources and constantly enrich and improve the network training, online education will become everyone in the study are exposed to the learning channel
Research the background of project management as a discipline first appeared in the United States it studies mainly targeted at certain resources under the premise of how the logistics and management of science in order to achieve project objectives
Research the background of project management as a discipline first appeared in the United States it studies mainly targeted at certain resources under the premise of how the logistics and management of science in order to achieve project objectives given. Promote the use of project management practice in the production is increasingly showing the great superiority in the world. With the rapid economic development of people is getting higher and higher product diversification, and individual requirements. Enterprises are faced with the operating environment has become increasingly fierce competition in increasingly complex. Flexible, and efficient way to deal with all sorts of opportunities and challenges every business must face the problem. More and more companies recognize the importance of project management. As a new management branch of project management is showing strong vitality from the traditional defense, construction, engineering and construction industries, extends to the field of telecommunications, finance, manufacturing, retail, and many other industries. Project Management provides a flexible organization that is conducive to the appropriate cost under the constraints of limited resources quickly to seize business opportunities or respond to crises. The project management has a clear goal-oriented to clarify responsibilities, allocate resources, morale, improve performance, facilitate the assessment of examination, summary, to improve project management stressed that "everything there are plans to always have control" through a series of initiating, planning, execution, control and finishing process to ensure the achievement of project objectives project management has a systematic, procedural, modular, standardized and institutionalized for the success of the project implementation to provide a full range of protection. Well-known American scholar minimize its pointed out that "in today's complex world of project management is the key to success," "strategic management and project management in response to global market changes will play a key role." After three decades of reform and opening up the rapid development of China's enterprises have gradually become the main force of the global production with the increasingly fierce competition between economic globalization and the development of modern science and technology enterprise. China's manufacturing enterprises, especially orders for manufacturing companies how to use project management characteristics suitable for the modern enterprise management mode so that enterprises in the fierce competition for the spot to achieve corporate strategic objectives is a subject worthy of study. Study the significance of project management can improve the management level of enterprises and enterprise management one of the big advantages of gradually moving towards standardization of project management is to conserve resources, reduce the implementation of the internal friction of project management has become an inevitable trend. The Su Weilun project planning the use of the management of the China Textile Press years Houling Ming enterprise project management system standard model of project management techniques king known group of the organization's project management maturity development and application of project management technology any average company how to improve the organization's project management capabilities Nankai University Press Li Ka-hing, project management, development trends and China's coping strategies of the Management Science Digest China's enterprises recognize the importance of management for the success of the project. But in how to deal with management methods still remain on the level of doing things in the rule of thumb there is no systematic and effective management. Choice of project management, the lack of a strategic and comprehensive benefits to consider the lack of coordination mechanism between a project in which the enterprise management system. In order to solve the above problem fundamentally necessary according to the study of management theory and project management methodology set for the company's project management model. To meet customer requirements within the limits prescribed in the contract, to ensure the satisfaction of the customer orders to the successful performance of Fully prepared to ensure that the technical feasibility of full argument by experts in the design stage of implementation, review to ensure the accomplishment of the customers functional requirements and safety equipment requirements for providing adjustment measures and solutions among the various departments work together to ensure that the project contract was signed pre- schedule page Wo is completed. The first chapter of the project management theory and development trends in project management as a scientific analysis of its history did not last long. International Project Management Association from the world's first professional international organization set up has only. After the efforts of management theory research and practical means emerging new exploration breakthrough has made considerable progress. Elements of the International Management Association professional qualification benchmark, the personal qualities of the aspects and the overall impression of the knowledge system of the aspects or the Project Management Institute of the five process and the nine knowledge areas are the people on the theory and practice of project management to explore, summarize The crystallization believe project management knowledge is bound along the track to continue to explore and summarize the extension. Project management, project management theory is the application of knowledge, skills, tools and techniques to achieve the project objectives and requirements of project activities. The overall start of the five processes in project management, planning process, implementation process, implementation process, the finishing process includes nine of knowledge in the field of range management, time management, cost management, quality management, risk management, human resource management, communication management , procurement management and system management methods and tools. As a project manager to have complete control of the nine core areas of knowledge and focus to grasp the concept of system management to avoid entering into a detail to pay attention to the focus in five different stages. The ultimate goal of using project management techniques to meet customer needs eleven Whether you are an enterprise of the project team "customer" or a real implementation of the project paid by the customer. All work will be high quality, on time and within budget completion of a project gives a great sense of satisfaction. When the success of the project completed, everyone won three of the characteristics of successful project management project management constraints any project will be subject to constraints which the three constraints of project management in terms of scope, time and cost three. Item management is to find scientific methods and tools in the scope, timing and cost among a right balance in order to project all the stakeholders are satisfied with. The scope of the project constraints as the project manager must first find out the core of the business profits of the project a clear grasp of the project sponsors expect to get what kind of products or services through the project. Bias for the scope of the project constraints easy to overlook the project's business goals and technical objectives lead to the difference between the final results of the project and project stakeholders expectations. Liu Gangqiang domestic and international project management Analysis of modern commerce industry, Jack?? 吉多詹姆斯???? Clemens, "Successful Project Management" Electronics Industry Publishing House years because of the scope of the project as the project progresses changes to and the face of the scope of the project constraints to do the project scope change management is based on the business profits of the project the core conflict between time and cost constraints. It is necessary to avoid the unprincipled to change the scope of the project is also based on the constraints of time and cost to obtain project to stem the consensus of the Department of reasonable according to the procedure to change the scope of the project. The time constraints of the project's time constraints is to require that the progress of the project how long it takes to complete the entry date should make arrangements to project activities in the time requirements of various activities on the timing of the order. When differences occur between the progress and plans how to re-adjust the activities of the project took to ensure that the project be completed on schedule or on the overall duration by adjusting the project to time and quality assurance activities. In considering the time constraints on the one hand to study the other hand, because the project scope changes on project time to study the impact of change on the cost of the project because the project duration. And timely tracking of project progress through the analysis of the actual progress of the project to provide an accurate report to the project stakeholders. The cost of the project constraints of cost constraints of the project is to require the completion of the project need to spend much money. General entry date measurement of the cost with how much money to measure the specific unit of measurement but can also be used according to the characteristics of the project. The key is costing allows project stakeholders to understand the scope of the project can be completed under the current cost constraints and time requirements. When the scope of the project and the time change, will produce much of the cost in order to decide whether to change the scope of the project to change the progress of the project or to expand investment in the project. Because the project is unique for each project there is competition among the many uncertainties, project resource use in addition to a very small project program is difficult to ultimately completed in full accordance with the expected range, time and cost three constraints. Because the stakeholders always look forward to with the lowest cost, shortest time to complete the largest scope of the project. Between these three expectations are mutually contradictory, mutual constraints. The expansion of the scope of the project will result in the extension of the duration of the project or the need to increase overtime resources will further lead to increase in project cost reduction of the same project costs will lead to the restriction of the scope of the project. As a project manager is to make use of the nine areas of project management knowledge in the five process groups of project scientific and rational allocation of various resources as much as possible to achieve the expectations of project stakeholders so that they get the most satisfaction. The five process groups of five major process groups of the of project management project management startup, planning, execution, control and finishing throughout the project life cycle for the start of the project, particularly to pay attention to the organizational environment and project analysis of the dry Person Guo Yu Peng, project management, behind the three constraints minimize its minimize its Cheng entries Day Manager should be placed on the desired result of control by the control of the project is required by time, cost and quality within the limits of both sides are satisfied with the scope of the project. The start of the project's startup process is a new project to identify and start the process. Must understand the concept of a tiny success in the important project than in the non-critical projects with great success more meaning and value. In this sense the project start-up phase is particularly important in this is a critical stage of the decision whether to invest and to invest in what the project at this time, the policy mistakes may lead to huge losses. Great importance to the project start process is the first step to ensure the success of entry date. The project planning process for the project planning process is a very important process in the project implementation process. The scope of the project, task decomposition, resource analysis to develop a scientific program enables the project team and orderly conduct. The purpose of the plan is to establish detailed guidance program to accurately inform the project team must do what must be done when and what resources in order to ensure the success of real estate out of the project deliverables. The project implementation of the project implementation process generally refers to the main content of the project implementation process, but the early stage of implementation, including project work not only to pay attention to the scope of change in the specific implementation process the letter of log entries encourages project team members strive to complete the project but also at the beginning and ending process to emphasize the implementation of key elements such as the formal acceptance of project scope. Important elements in the implementation of the project is the communication of project information that timely submission of project progress information to the project report by the project progress on a regular basis favorable to carry out the project to provide a means of control for quality assurance. Project management, process control of the project control process is to ensure that the important process of project progress towards the target direction is to the timely detection of deviations and take corrective measures to make the project progress towards the target direction. The project control process, including data routinely collected by the completion of the project will actually complete data on schedule with relatively Once the actual progress of the project late in the schedule to take corrective measures. Jack the project closeout process????, Meredith, Samuel???? Mantel, "Project Management - management of the new perspective," the fourth edition of Electronic Industry Press Jack?? 吉多詹姆斯???? Clemens "project management" Electronic Industry Press years a project through a formal and effective finishing process is not only the current project, the complete documentation of the project stakeholders accountable is the important asset of the future project work. In many projects experienced more attention to the beginning of the project.
Psychology of learning - the concept of
Psychology of learning - the concept of
Research in humans and animals in the acquired experience or practice under the influence of psychological and behavioral changes and conditions of the branch of psychology disciplines.
Edit this paragraph, the psychology of learning - the content
The psychology of learning is an important branch of educational psychology, specializing in people, especially the group of students learning a science. In recent years, the study of psychological research, has become the subject of educational psychologists and educators are concerned about people. Accumulated a lot of research. The application of the psychology of learning will become an important topic in the field of education, while providing a huge market. The psychology of learning based on the essence of students' learning from the learning process, ways of thinking, behavior, physiological mechanisms, types of learning, cognitive theory, information processing, memory theory, learning strategies, study skills, learning transfer and other areas of research , summed up a series of learning theory and doctrine. The use of psychological theory and methods of learning, a fundamental solution to the students' learning and behavioral problems, learning the scientific and truly the first chapter of the psychology of learning, learning content (in outline form, list): Learning - to adapt to the environment means theme : learning concepts and results of Theme II: How do we learn - to learn the theory and application of Chapter II: to promote the motivation: "Motivation" - explore efforts to learn the mysteries of the theme: Motivation and Causes of the - Why should we be learning theme: weariness and why the theme: happy to learn, consciously learning, serious learning - learning incentive strategies and methods of motivation: the knowledge of the topic: knowledge and types of themes two: how memory is better? - Chapter IV of the learning process and conditions of the theme of the declarative knowledge: procedural knowledge of learning themes: the application of knowledge and migration: Learning Strategies - a magic weapon to improve learning efficiency theme: learning strategies and type of theme two: recognition known policy example topic: metacognitive strategy theme: time management strategies: a problem-solving and creative themes: the theme of how to solve the problem two people: How do we become more effective problem solvers? Theme 3: We have the ability to create and invent? Chapter 6: individual differences and individualized theme: individual differences in learning - learning style theme: individual differences and individualized - education, respect for individuality Chapter VII: Teachers and teaching - how to help us to become effective learners? Theme: the role of teachers - how to more effectively promote students' self-learning Theme two: the teaching process - how to expand the interaction with students in teaching
Research in humans and animals in the acquired experience or practice under the influence of psychological and behavioral changes and conditions of the branch of psychology disciplines.
Edit this paragraph, the psychology of learning - the content
The psychology of learning is an important branch of educational psychology, specializing in people, especially the group of students learning a science. In recent years, the study of psychological research, has become the subject of educational psychologists and educators are concerned about people. Accumulated a lot of research. The application of the psychology of learning will become an important topic in the field of education, while providing a huge market. The psychology of learning based on the essence of students' learning from the learning process, ways of thinking, behavior, physiological mechanisms, types of learning, cognitive theory, information processing, memory theory, learning strategies, study skills, learning transfer and other areas of research , summed up a series of learning theory and doctrine. The use of psychological theory and methods of learning, a fundamental solution to the students' learning and behavioral problems, learning the scientific and truly the first chapter of the psychology of learning, learning content (in outline form, list): Learning - to adapt to the environment means theme : learning concepts and results of Theme II: How do we learn - to learn the theory and application of Chapter II: to promote the motivation: "Motivation" - explore efforts to learn the mysteries of the theme: Motivation and Causes of the - Why should we be learning theme: weariness and why the theme: happy to learn, consciously learning, serious learning - learning incentive strategies and methods of motivation: the knowledge of the topic: knowledge and types of themes two: how memory is better? - Chapter IV of the learning process and conditions of the theme of the declarative knowledge: procedural knowledge of learning themes: the application of knowledge and migration: Learning Strategies - a magic weapon to improve learning efficiency theme: learning strategies and type of theme two: recognition known policy example topic: metacognitive strategy theme: time management strategies: a problem-solving and creative themes: the theme of how to solve the problem two people: How do we become more effective problem solvers? Theme 3: We have the ability to create and invent? Chapter 6: individual differences and individualized theme: individual differences in learning - learning style theme: individual differences and individualized - education, respect for individuality Chapter VII: Teachers and teaching - how to help us to become effective learners? Theme: the role of teachers - how to more effectively promote students' self-learning Theme two: the teaching process - how to expand the interaction with students in teaching
Online Courses
Online Courses
Course online site for college students,
Curriculum online website recruits multi-level knowledge to learners to provide one-stop service professional examination training portal. The site mainly provides the four major categories of academic classes, foreign language, qualifications, accounting more than 10 kinds of test information and training course service. "Curriculum Online website has been committed to provide our users with the most professional and timely manner, the most comprehensive and thoughtful examination information services. Based in the construction of a high-quality learning platform for the majority of research users, so that they are able to enjoy learning, happiness examination. Powered examination services, exam registration information for the majority of candidates, exam training and coaching, online simulation tests, calendar year examination papers, examination methods and techniques and other exam resources; course online site adhering to "all the user-centric" development philosophy, and always the majority of users' needs and satisfaction first, starting from the user's position and do the hearts of users are most satisfied with the examination, won broad support and trust of the majority of users. Is dedicated to promoting the development of China's vocational education, education industry of high-tech enterprises, mainly engaged in the remote vocational education, curriculum development, face to face training, examination and other business services. We will stick to its own mission, commitment and dedication to their responsibilities and power network for the Chinese education sector
Course online site for college students,
Curriculum online website recruits multi-level knowledge to learners to provide one-stop service professional examination training portal. The site mainly provides the four major categories of academic classes, foreign language, qualifications, accounting more than 10 kinds of test information and training course service. "Curriculum Online website has been committed to provide our users with the most professional and timely manner, the most comprehensive and thoughtful examination information services. Based in the construction of a high-quality learning platform for the majority of research users, so that they are able to enjoy learning, happiness examination. Powered examination services, exam registration information for the majority of candidates, exam training and coaching, online simulation tests, calendar year examination papers, examination methods and techniques and other exam resources; course online site adhering to "all the user-centric" development philosophy, and always the majority of users' needs and satisfaction first, starting from the user's position and do the hearts of users are most satisfied with the examination, won broad support and trust of the majority of users. Is dedicated to promoting the development of China's vocational education, education industry of high-tech enterprises, mainly engaged in the remote vocational education, curriculum development, face to face training, examination and other business services. We will stick to its own mission, commitment and dedication to their responsibilities and power network for the Chinese education sector
U.S. trade secret lawTalking from the DuPont Company v. Kristof
U.S. trade secret law
- Talking from the DuPont Company v. Kristof
In the U.S., copyright, patent and trademark protection, have federal laws to regulate them. But for the protection of trade secrets, still belong to the scope of state law, there is no federal law on trade secret law. State trade secret law is case law. In theory, states can free development of the protection rules recognized in the jurisprudence on the protection of trade secrets. However, in fact, the small states of the modern trade secret law differences can even be said is basically similar. This is mainly because the state trade secret law is dominated by the 1939 Restatement of Torts, "and the 1979 Uniform Trade Secrets Act.
The early U.S. trade secret law originated in the United Kingdom's trade secrets case. The 20th century, in order to state case law does not too different, brings together some excellent lawyers, judges and university professors, the integration of some basic principles of the case law and significant views, published a series of "re- The above ". 1939 Restatement of Torts "is the series" Restatement of one. Among them, 757 and 758 are discussed in a very long period of time reference and a basis of the judgments of state courts for the protection of trade secrets. In addition, section 759 of the Restatement of Torts, "discusses the protection of non-secret information, there is a certain relationship with the protection of trade secrets.
In 1979, when the second edition of the Restatement of Torts, there is no protection of trade secrets included. , Trade secrets have been "more dependent on other field of law, depends on the broader legal norms development, and not affiliated with tort law." [1] However, in the same year, the Uniform State Law Committee of the National Conference "approved" Uniform Trade Secrets Act. " Uniform Trade Secrets Act "is the principle of protection of trade secrets in the state case law codification, these precedents is the basis or by reference to the 1939 Restatement of Torts" made. Therefore, the "Uniform Trade Secrets Act with the Restatement of Torts" in many respects is the same. Another prominent place of the "Uniform Trade Secrets Act," the judicial practice since the summary of the Restatement of Torts, made a more clearly defined legal remedy violations of trade secrets. Code, which account for a considerable length. It can be said that the unified trade secrets and its definition of infringement to the "Uniform Trade Secrets Act, the unification of trade secrets infringement of the statute of limitations, as well as clear infringement of the legal remedies. [2] In 1985, the Uniform Trade Secrets Act "were revised.
Although the "Uniform Trade Secrets Act," the purpose is to enhance the consistency of state trade secret protection, but it is only a model law, rather than the real code of laws promulgated by the state or federal legislative bodies. Therefore, its role to play, but also to be a state adoption. Since 1981, the Uniform Trade Secrets Act "have been adopted by many states to ratify or 1998, has been ratified by 41 states and the District of Columbia adopted the Uniform Trade Secrets Act. This shows the role played in the United States trade secret protection.
After the enactment of the Uniform Trade Secrets Act, adopted the Model Law states did not adopt the state continue to use judicial practice in the Restatement of Torts. Not adopted the Uniform Trade Secrets Act, "the state is naturally applicable" Restatement of Torts, "to hear the cases of the trade secret protection. Those adopted the Uniform Trade Secrets Act "states, prior to the adoption of the jurisprudence is based on the" Restatement of Torts, "made, and thus the application of the Uniform Trade Secrets Act" to make a new judgment is still not do not use the relevant content in the existing jurisprudence and the Restatement of Torts ". Thus, despite the "Uniform Trade Secrets Act, Restatement of Torts" still or through the existing jurisprudence, or through direct reference to the protection of trade secrets judgment play an important role.
Given the above, the American Law Institute published in 1995, "Law Restatement (Third Edition), Anti-Unfair Competition Law", back into the contents of the relevant trade secrets. This is one of 39 to 45. "Anti-Unfair Competition Law Restatement summary of the Restatement of Torts trade secret protection of judicial decisions since its protection rules, made a detailed discussion of the concept of trade secrets, protection rules, infringement and legal relief . Moreover, the definition of trade secrets, trade secret protection rules, with the Uniform Trade Secrets Act are all basically the same. [3] So far, the "Anti-Unfair Competition Law Restatement of the role of trade secret protection practice is not yet clear.
This paper is to discuss the DuPont v. Christopher, a precedent is made by the U.S. Federal Fifth Circuit Court of Appeals in 1970. This is a typical precedent applicable Texas state law and the 1939 Restatement of Torts, "to explain and clarify many of the principles of trade secret protection. After the judgment is made in [4], widely cited in the judgment of many U.S. trade secrets. 1979, the Uniform Trade Secrets Act and the 1995 Restatement of Unfair Competition Law, "also repeatedly cited the precedent, the relevant principles of trade secret protection. In addition, the issues raised by the plaintiff in the claim, also involves some fundamental problems in the protection of trade secrets, such as reasonable measures to protect trade secrets, improper means of access to trade secrets, third party liability, and trade secret infringement legal remedies. All are worthy of our re-discuss this case in 30 years, and the resulting understanding and knowledge of trade secret law in the United States.
This article will be DuPont v. Christopher clues, combined with the Restatement of Torts, the Uniform Trade Secrets Act, Restatement of Unfair Competition Law and some other typical cases and discuss the U.S. trade secret law some major problems.
Two. Merits Profile
Bill Monte, Texas, DuPont opened a factory plans to produce methanol. As the plant still under construction, the plant has not yet added to the top. March 19, 1969, by the employment of an unidentified third person, Bill Monte photographer Christopher brothers to fly a plane in the air, shooting the DuPont company's new plant. Christopher brother shot a total of 16 photos, and after washing to the unidentified third person.
When the brother of Christopher in the plant over the shooting, received the attention of DuPont employees. They then investigate, trying to figure out the purpose of aircraft circling above in the plant. DuPont identification of the afternoon, the aircraft circled in order to shoot, the photographer is the brother of Christopher. DuPont immediately contact with the brother of Christopher, requiring them to disclose to accept the photo or name of the company. But the brother of Christopher's refusal to disclose the grounds that their clients asked to remain anonymous.
As the investigation reaches an impasse, DuPont immediately filed a lawsuit, for the brother of Christopher alleged that the latter improperly shooting photos with DuPont trade secrets, and photos sold to an unidentified third party. DuPont Company (hereinafter referred to as the plaintiff) said in the indictment, it spent a huge amount of investment and long research, the development of a highly confidential methanol production methods. The application of this method, make the plaintiff a competitive advantage in the market. However, the plaintiff did not in order to apply for a patent, but as a commercial secret protection, and confidentiality given a high priority. Christopher Brothers (hereinafter referred to as defendant) camera factory, the factory is ready to produce methanol by this secret method. As the factory is under construction, some parts of the production methods can be seen directly in the air. The plaintiff said that the photographs, the technical staff can be deduced that the production of methanol. Therefore, the defendant to take a picture and photos to an unidentified third party, to steal the plaintiff's trade secrets, violations of the rights of the company. Because the defendant has already disclosed the trade secrets, resulting in a loss of the company, DuPont, the Court in this Judgment compensation. In addition, DuPont asked the court to issue temporary and permanent injunction prohibited the further spread of photos to prohibit its methanol production plant further shooting.
The defendant Christopher brother in his reply motion asking the court to dismiss the plaintiff directly prosecution because the prosecution lacked a legal basis, in accordance with the law can not provide relief. Further cross-examination, the defendant again refused to disclose the identity of a third party. In this case, the plaintiff moved a motion asking the court to compel the accused to answer this question and all the problems with the case.
June 5, 1969, the parties are all the motion, including the defendant asked the court to make a "summary judgment" (summary judgment) motion, the trial court held a hearing. Subsequently, the court ruled that the denial of the defendant's three motion to dismiss DuPont lack of legal basis for the prosecution dismissed the claims can not give legal relief and make the motion for summary judgment. At the same time, the court ruled that the sure DuPont forced the defendant to disclose the identity of the motion of its customers. In this regard, the defendant moved a motion to request during the proceedings of the appeal (interlocutory appeal).
On appeal, the defendant and the trial court ruled that objection, but on the crucial second ruling, the plaintiff claims for legal relief may be granted, raised an objection. The appellate Court of Appeals for the Fifth Circuit agreed with the trial court's view on this issue, and thus affirmed the trial court's ruling, and discuss some related issues. [5]
Three. Trade secret law and patent law
The plaintiff in the prosecution said, after it invested heavily in the time to study, develop a production of methanol, but it is not patented, but will be protected as a trade secret. Thus, the plaintiff raised the question of the relationship of trade secret law and patent law. Although the Fifth Circuit Court of Appeals did not discuss this issue in the trial of the case, but in the U.S. trade secret law, the relationship between the two is still a worthy first be discussed.
Trade secrets jurisprudence and discussed in detail the relationship between trade secret law and patent law, Kevin Benny oil companies' case in the Supreme Court 1974. [6] in the United States, patent law is a federal law, trade secret law is state law. At the same time, the Constitution of the United States has "the highest authority in terms of both the Constitution and federal law the supreme law of the United States, the Constitution and laws of the state must not violate. Patent law and trade secret law to create the invention to provide protection, while the two requirements are not the same, such as patent law to make full disclosure of the invention for the protection of the premise, trade secret law to secrecy for the protection of the premise. Thus, some people think, create for the protection of the invention, belonging to the state law trade secret law, both the patent law is a federal law there is a conflict, invaded by the patent law field, should be excluded from the field of protection of inventions created outside. It is against this view, "Kevin Benny oil companies" case discussed in detail in a complementary and co-existence of trade secret law and patent law.
The Supreme Court first discussed the invention can not get patent protection. Protected subject matter under Section 101 of the U.S. patent law, methods, machines, products, compounds, and these improvements. Does not belong to these objects of the invention, regardless of how the novel, non-obviousness and usefulness of its inventor can not be patented. In this case, even the abolition of protection of trade secrets, will not enable the inventor to disclose the generic field of the invention. Moreover, it is difficult to say some content, such as customer lists, advertising plans, even if the disclosure is conducive to the public. In fact, these elements in stealth mode, it will encourage companies to develop new personalized business plan, resulting in constructive competition results.
Second, the protected subject matter provided for in section 101 of the Patent Law, only under the conditions of novelty, non-obviousness and usefulness of, can be subject to patent protection. Those who do not meet the "" object, you can not get patent protection. In this case, patent law and trade secret law have their own area of ??protection, to encourage different levels of inventions, there will never be a conflict. Trade secret law will encourage the reach of the field of patent law, inventions, will encourage the inventor or innovator in the invention or innovation, and full use of their invention or innovation. However, if the abolition of the protection of trade secrets, and to encourage inventors or innovators can not be patented inventions or techniques apply for a patent can only be needlessly increase the burden on the Patent Office. Moreover, such an unnecessary application will not promote the disclosure of the invention, because the Patent Office will not disclose was dismissed or the applicant to waive the application case.
Kevin Benny oil companies "case, the Supreme Court but also strive to depict the bleak prospects for the protection of trade secret law.
If the abolition of trade secret protection against disloyal employees, does not meet the patent standard of invention or innovation-related businesses can only take a heavy self-protection measures. For example, an increase of unnecessary preventive measures; employees to understand the secret invention to the high wages and various preferential conditions to ensure their loyalty. Small companies will result in extremely unfavorable economic situation, because the cost of such self-protection is too expensive. No liability for the breach of an obligation of confidentiality, business owners have to the invention is limited to himself and a few trusted people, to the detriment of the invention is fully utilized.
Abolished the protection of trade secrets, and to authorize others to use secret technology will become a problem. Can not ensure that the licensee obligations, payment of royalties or keep a secret, commercial secret owner will be reluctant to share their secrets with other manufacturers. As a result of imprisonment, rather than the diffusion of knowledge. As the trade secret owner in the absence of the invention permits to the same industry, other manufacturers make full use of, or limited use of the invention, or purchase equipment and develop the market to take advantage of the invention but had to spend money and time. In this way, neither allow the public to maximize the benefits, causing waste of resources.
Abolished the protection of trade secrets, it will be difficult to effectively prevent industrial espionage. To prevent theft, wiretapping, bribery and other encroachment of trade secrets by unfair means, trade secrets everyone will have to increase costs. When a business stealing trade secrets from another enterprise, the ultimate victims will be the basic norms of the society. "Industrial espionage tolerance or profitable, the most basic of human rights of privacy will be threatened."
Kevin Benny oil companies' case finally concluded that: "trade secret law and patent law in this country has been the coexistence of a hundred years and they have their own specific role, the use of one does not mean that do not need another commercial secret law encourages the development and use of those less than or different according to the patent law can be protected inventions, but these inventions are still in the development of national science and technology play an important role in trade secret law to promote the effective functioning of the knowledge sharing and industry that allows individual inventors to sign a contract with the company for labor compensation, because the company has the ability to develop and use the invention. through many years of silence, the Congress has wisely allowed the states to the implementation of the protection of trade secrets. clearly to take the opposite action in Congress the states should be safely on trade secrets to protect. "[7]
Protection of inventions related to creation of trade secret law and patent law co-exist and complement each other, but the degree of protection, after all, is inconsistent. Compared with the patent law, trade secret law, the protection provided in many ways just a weak protection. Patent on his invention to create the right to enjoy exclusive manufacturing, use, sale, offer for sale and import, regardless of others is an imitation or independently developed the same invention. It can be said that the patent is a "right". Trade secret law can only prohibit others to breach of confidentiality obligations or by other improper means to obtain, disclose and use the invention. For others a fair and honest means to obtain the same invention, including the independent development and direction of the project, the trade secret owner has no right to prohibit the disclosure and use. At the same time, the trade secrets at any time faced by others, theft, or others contrary to the obligation of confidentiality and disclosure to the risk of competitors, that all difficult to find or difficult to prove. Patent holders do not have this concern. As the U.S. Supreme Court said: "Here, the patent law is a barrier, trade secrets law relative plays the role of a sieve." [8] In addition, the patent protection period from the date of application 20 years , trade secrets, the only basis to maintain a secret deadline protection. The vast majority of trade secrets difficult to maintain the secrets of more than 20 years. Once the invention information is lost secret or in related fields generally are aware, no longer protected object.
Although trade secret law and patent law co-exist on the protection of inventions, an invention, but only for the protection of trade secret law, or to obtain patent protection, can not get the protection of both. Because the protection of the patent law to disclose the invention to create the premise of protection of trade secret law are related inventions in secrecy for the protection of the premise. An invention can not be both open and secret.
In the two extremes of the invention, the invention is not difficult to select the protection. That does not belong to the object of protection of patent law to make the invention, and although belonging to the object but not enough patent protection "requirements of the invention, skill, improvement, inventor apparently will take the protection of trade secrets. Created for those great inventions, including on a lot of people are trying to solve technical problems and to make the invention, the inventor can only seek patent protection. Otherwise, once the others made the same invention and applied for a patent, it will only limit yourself to take advantage of the invention. According to the law of scientific discoveries in the history of invention maturity time, once a person has made a specific invention, others may make the same invention in a very short time. "If something is destined to be invented, it is very likely to be more than one person invented." [9]
Invention in an intermediate state, all you have to make or take the protection of patent law, or to take the choice of the protection of trade secret law. Strong and the weak level of protection, protection of the long and short, and to apply for, to maintain the patent fees and costs to take security measures, we need all to make a comprehensive and balanced.
In respect of such invention in an intermediate state, the United States patent law has also taken a unique protection. Submitted to the department's application of patent examination, most of the countries in the world to take the "early disclosure, and delay the review of the practice. Although such an approach is conducive to the public as soon as possible to understand the invention in the case of application creation, but in a subsequent review, once the patent examination department rejected the application, the applicant can not be the next best thing to protect their own inventions, trade secrets creation. According to Section 122 of U.S. patent law, the Patent Office for each application case must be kept confidential, without the permission of the applicant or owner shall not disclose any information related to the case of the application, unless the enforcement of the law must be, or the Commissioner of Patents Depending on the circumstances, made the opposite decision. Thus, before the patent application is approved, the application case has been in stealth mode until approved before made public. Moreover, even if the patent application was rejected, related inventions into the public domain there is no "early open". Therefore, whether it is in the process of patent application, or apply for the case was dismissed after the applicant or owner can use the trade secrets to protect their own inventions.
November 29, 1999, the United States through the "Intellectual Property and Communications Omnibus Reform Act, copyright law, patent law, trademark law and communications law has been revised. [10] "Foreign patent applications domestic public Act 122 of the Patent Law has been revised since November 29, 2000. Under amended section 122, for all patent applications, patents Secretary since the date of application full 18 months after the publication of the application case, unless the applicant request for earlier publication. Where the application includes a "priority date" requested by the applicant in accordance with relevant international treaties. This is the general provisions. Subsequently, 122 to the above provisions of a series of restrictions. For example, has withdrawn the application for confidentiality order application for the provisional application, and design application for all shall be made public. The most important exception is that if the applicant requests the public not to apply for the case, at the same time able to demonstrate that did not submit to foreign, and does not intend to submit the same to foreign patent application, the Patent Authority shall not open the relevant application case. This mainly refers to Americans of patent applications submitted to the U.S. Patent Office. Seen in this light, the case of applications submitted to the U.S. Patent Office in patent examination process is still in stealth mode. If the application for the case can not be authorized, the applicant can still retreat to the protection of inventions related to the way of trade secrets.
Seen in this light, as revealed by the title of the "foreigners patent applications of domestic public law", according to the revised section 122 of the published patent application, the main is the case of applications submitted by foreigners. Because of foreigners in the U.S. Patent Office filing the patent application had largely been in the country or other countries submitted applications. Only submit the application of foreigners to the United States Patent Office, if you can not say no, but also very few. Of course, you can open the application case, including the application for Americans, both foreign patent authorities to apply to the national patent office again. As early taken by the majority of countries in the world are open, and deferred examination system, the United States can open this part of the international application for other countries actually be open. Obviously, if the international patent application also apply to domestic case did not open, only unfavorable to the American public. As for the Americans, only applications submitted to the national patent office, as long as the applicant request, you can still not be made public. [11]
Consistent with the relevant provisions of section 122 of the Patent Law, "Tariffs and Patent Court of Appeals Federal Circuit Court of Appeals has also taken corresponding measures. According to the provisions of the Patent Office rejected the application for the case of applicants satisfied with the decision can appeal to the Patent Reexamination Board. Rejection of the application the applicant refuses to accept the decision of the Patent Reexamination Board on Tariffs and Patent Appeals Court "(prior to October 1982) or the Federal Circuit Court of Appeals (October 1982), appeal. Under the program, secret trial, the verdict on the appeal taken to archive documents relating to the public, no one will be given access to. In one case in 1978, Tariffs and Patent Appeals pointed out that to do so under the Supreme Court opinion in the case of Kevin Nepalese oil companies, that "as long as possible, trade secret law and patent law should such a way to use: the former should not prevent the inventor to obtain the benefits of the latter. [12]
Four. The composition of trade secrets
In the case of DuPont v. Christopher, the plaintiff in the prosecution, the defendant shot the photo containing the plaintiff trade secret, and sold to an unidentified third party, violated the plaintiff's trade secrets. The plaintiff also said that is a commercial secret method of manufacturing methanol, is out after a huge investment and a long period of research and development, the plaintiff possession of the advantage on the competition in the market. The defendant repeatedly stressed in the first instance and appeal, they are taken in the public air, there is no violation of the Government's aviation regulations, and thus its conduct did not constitute the object of prosecution. In other words, they are taken in the public air, there is no violation of the plaintiff's trade secrets. This raises the question of trade secrets infringement lawsuit must first solve a problem, and that no commercial secrets exist.
In the United States, trade secrets must meet three conditions, that is, the information belongs to a protected object, the relevant information is secret, the information has commercial value.
A. Protected subject matter
It can be said that the Trade Secrets Act emphasized more applicable to the principle of fairness in order to protect certain information in certain industrial and commercial activities, rather than give a strict definition. In fact, the object of protection of trade secret law, inclusion in a definition, it will be very difficult. As a precedent puts it, "trade secret law, ...... example, than to define or try to define more helpful." [13]
Restatement of Torts definition of trade secrets has taken a non-exhaustive list. "Trade secrets can include the collection of any formula, pattern, settings and Information, and for a person of commercial, give him an opportunity to get higher than I do not know or do not use the advantages of its competitors. It can be a chemical compounds of the formula, manufacturing method for a processing or handling of materials, the style of a machine or other settings, or a list of customers. [14] "Uniform Trade Secrets Act's definition is:" commercial secret meaning means information, including a formula, pattern, compilation, program, set up, methods, technologies and processes. "[15] is also cited definition. "Anti-Unfair Competition Law Restatement section 39 under the definition of trade secret is:" commercial secret information can be used for commercial or other industrial activities, and has sufficient value and secrecy, resulting in actual or potential higher than that of other people's economic advantage. "his comments on the object of protection, said:" trade secrets can include a formula, pattern, compilation of data, computer programs, settings, methods, techniques, processes, or other forms or carrier the economic value of a business secret and technical topics related to, such as the composition of the product or design, a manufacturing method, or perform a particular operation or provide a particular service necessary skills (know-how). a trade secret can also be related to other aspects of the business activities, such as pricing and availability of skills, or the customer's identity and requirements (see 42 comment f) of trade secret rights is normally advocated for businesses and other commercial organizations. However, non-profit organizations, such as charitable, educational, government, the Freemasons, and religious organizations, can also have economic value information, such as the expected members of the list or the list of donors, and requires protection. "[16]
Seen in this light, in addition to all personal information outside of government information, regardless of the specific technical information, or non-technical business information, on the basis of other relevant provisions of the elements of, can become the object of trade secret protection.
Two. Valuable
The value of trade secrets, also known as the commercial value of nature, of a trade secrets can make all the competition in the market has the advantage above others. Restatement of Torts "is a trade secret under the definition of" higher than the advantage of the competitors do not know or do not use it "means trade secrets value. Uniform Trade Secrets Act "is this commercial value of clear economic value. : Not widely known for others, others with a legitimate means can not be easily available, so it has actual or potential independent economic value, and others because of its disclosure or application can obtain economic value. [17] Of course, this the less demanding of commercial advantage or commercial value, as long as it is not insignificant to meet the requirements.
In many cases, the court also to the development of the information to pay the economic costs and the time it takes to determine the commercial value of certain information. "Restatement of Torts," determine the standards of the commercial secret that statement, that "he spent in the development of the information the amount of effort or money. Effort and money spent by the owner of trade secret in the development of the information is one of the basis of the court in calculating damages. Of course, trade secret does not require to spend effort and money, because some of the accidental invention may be effortless.
3. Secrecy
Trade secrets constitute the core elements of its secretive nature. In the U.S., when the court determine the secret, to consider a general knowledge of the industry, others through the proper channels to obtain information about the degree of difficulty and all the security measures taken. [18]
The general knowledge level of an industry, can not be public knowledge or common sense for themselves or as a secret. A factor that the court sometimes referred to as the "novelty" protected information must be different from the known information, and have commercial value. As the Supreme Court summarized the elements of trade secrets, said: "if only because the novel is generally known, then, some kind of novelty is necessary, therefore, trade secrets, the secret is at least refers to the minimum level of novelty. "[19]
Others through the proper channels to obtain information about the degree of difficulty is if the competitors by observation of the listed products, you can easily access relevant information through a public offering of publications and public records, there is no commercial secrets exist . As the Uniform Trade Secrets Act, "the commentary said:" If the information in trade journals, reference books or publications, it is easy to get. "[20] Only the owner has a commercial value, the competitors to take the proper means is difficult to obtain information that is trade secrets.
All taken security measures, measures to prevent a third party access to information and requirements for employees, business partners confidentiality measures. Moreover, the security measures mentioned here is all based on specific situations taken reasonable measures, not excessive or extreme measures. "Uniform Trade Secrets Act", commented: "reasonable efforts to maintain secrecy, has warned employees to trade secrets exist, trade secrets is limited to the 'need to know the scope of' control out of the factory on the other hand, shows, industry publications, advertising and other negligence and disclosure of information, can not be protected. [21]
"DuPont v. Christopher" case discussed in this article, based on the plaintiff's claim, the plaintiff spent a huge amount of money after a long study developed a new method of manufacturing methanol, the method enables the plaintiff in The market has a higher than competitors' strengths, and the plaintiff to take the necessary security measures, and therefore meets the above three requirements, enjoy the right to trade secrets.
In the GATT Uruguay Round negotiations, the formation of a "Trade-Related Aspects of Intellectual Property Rights Agreement, the first time, protection of trade secrets included in international conventions. Very interesting is that the three of them for the requirements of trade secrets, and the above-mentioned elements of trade secrets is basically the same. Namely: the information is secret, as a whole or combination of ingredients is not engaged in information work in related fields generally known or easily accessible;-related information has commercial value because it is secret; and the legal owner of the informants specific circumstances, to take reasonable security measures. Under the agreement, the natural and legal persons can prevent unauthorized access to or use of trade secrets, disclosed in a manner contrary to honest commercial practices. [22]
It can be said that the "secret" is the most central elements of the three constituent elements of the trade secrets. In almost every trade secret cases, the relevant information has a secret, always become a bone of contention of the plaintiff and the defendant. "DuPont v. Christopher" case, the defendant also suggested that they shoot the DuPont plant, and provide photos to a third party, there is no infringement. Because they are shooting in the public air, that is not in breach of the Government's aviation regulations, there is no fraud or illegal acts exist. In other words, DuPont's production methods are exposed to public view, does not belong to the secrets of preventive measures taken.
For this issue, the court's view, as long as the owner of trade secrets has taken reasonable precautions to comply with legal requirements related to security measures do not have to be too heavy or extreme measures. The Court noted that the plaintiff's factory is under construction. After the completion of construction, from the air will not see the plaintiff's production process, but now from the air and observed the plaintiff's trade secrets. In this case, not too much to require the plaintiff to the unfinished construction of the plant plus the roof, to prevent others from the air to observe the production process. If, if so, that is, force the plaintiff to spend huge amounts of money to beware of the "naughty trick. "We can not ask a person or company to take unreasonable precautions, to prevent others to do the things he should not be first to do preventive measures against predatory eyes we can request to be reasonable, but the needle inserted into the The fortress is an unreasonable request. we have no reason to impose such liability in the industry, the inventor of the head, so as to protect their creative achievements. "the court said:" Perhaps shall build the fence and the roof, to file open cast
V.
- Talking from the DuPont Company v. Kristof
In the U.S., copyright, patent and trademark protection, have federal laws to regulate them. But for the protection of trade secrets, still belong to the scope of state law, there is no federal law on trade secret law. State trade secret law is case law. In theory, states can free development of the protection rules recognized in the jurisprudence on the protection of trade secrets. However, in fact, the small states of the modern trade secret law differences can even be said is basically similar. This is mainly because the state trade secret law is dominated by the 1939 Restatement of Torts, "and the 1979 Uniform Trade Secrets Act.
The early U.S. trade secret law originated in the United Kingdom's trade secrets case. The 20th century, in order to state case law does not too different, brings together some excellent lawyers, judges and university professors, the integration of some basic principles of the case law and significant views, published a series of "re- The above ". 1939 Restatement of Torts "is the series" Restatement of one. Among them, 757 and 758 are discussed in a very long period of time reference and a basis of the judgments of state courts for the protection of trade secrets. In addition, section 759 of the Restatement of Torts, "discusses the protection of non-secret information, there is a certain relationship with the protection of trade secrets.
In 1979, when the second edition of the Restatement of Torts, there is no protection of trade secrets included. , Trade secrets have been "more dependent on other field of law, depends on the broader legal norms development, and not affiliated with tort law." [1] However, in the same year, the Uniform State Law Committee of the National Conference "approved" Uniform Trade Secrets Act. " Uniform Trade Secrets Act "is the principle of protection of trade secrets in the state case law codification, these precedents is the basis or by reference to the 1939 Restatement of Torts" made. Therefore, the "Uniform Trade Secrets Act with the Restatement of Torts" in many respects is the same. Another prominent place of the "Uniform Trade Secrets Act," the judicial practice since the summary of the Restatement of Torts, made a more clearly defined legal remedy violations of trade secrets. Code, which account for a considerable length. It can be said that the unified trade secrets and its definition of infringement to the "Uniform Trade Secrets Act, the unification of trade secrets infringement of the statute of limitations, as well as clear infringement of the legal remedies. [2] In 1985, the Uniform Trade Secrets Act "were revised.
Although the "Uniform Trade Secrets Act," the purpose is to enhance the consistency of state trade secret protection, but it is only a model law, rather than the real code of laws promulgated by the state or federal legislative bodies. Therefore, its role to play, but also to be a state adoption. Since 1981, the Uniform Trade Secrets Act "have been adopted by many states to ratify or 1998, has been ratified by 41 states and the District of Columbia adopted the Uniform Trade Secrets Act. This shows the role played in the United States trade secret protection.
After the enactment of the Uniform Trade Secrets Act, adopted the Model Law states did not adopt the state continue to use judicial practice in the Restatement of Torts. Not adopted the Uniform Trade Secrets Act, "the state is naturally applicable" Restatement of Torts, "to hear the cases of the trade secret protection. Those adopted the Uniform Trade Secrets Act "states, prior to the adoption of the jurisprudence is based on the" Restatement of Torts, "made, and thus the application of the Uniform Trade Secrets Act" to make a new judgment is still not do not use the relevant content in the existing jurisprudence and the Restatement of Torts ". Thus, despite the "Uniform Trade Secrets Act, Restatement of Torts" still or through the existing jurisprudence, or through direct reference to the protection of trade secrets judgment play an important role.
Given the above, the American Law Institute published in 1995, "Law Restatement (Third Edition), Anti-Unfair Competition Law", back into the contents of the relevant trade secrets. This is one of 39 to 45. "Anti-Unfair Competition Law Restatement summary of the Restatement of Torts trade secret protection of judicial decisions since its protection rules, made a detailed discussion of the concept of trade secrets, protection rules, infringement and legal relief . Moreover, the definition of trade secrets, trade secret protection rules, with the Uniform Trade Secrets Act are all basically the same. [3] So far, the "Anti-Unfair Competition Law Restatement of the role of trade secret protection practice is not yet clear.
This paper is to discuss the DuPont v. Christopher, a precedent is made by the U.S. Federal Fifth Circuit Court of Appeals in 1970. This is a typical precedent applicable Texas state law and the 1939 Restatement of Torts, "to explain and clarify many of the principles of trade secret protection. After the judgment is made in [4], widely cited in the judgment of many U.S. trade secrets. 1979, the Uniform Trade Secrets Act and the 1995 Restatement of Unfair Competition Law, "also repeatedly cited the precedent, the relevant principles of trade secret protection. In addition, the issues raised by the plaintiff in the claim, also involves some fundamental problems in the protection of trade secrets, such as reasonable measures to protect trade secrets, improper means of access to trade secrets, third party liability, and trade secret infringement legal remedies. All are worthy of our re-discuss this case in 30 years, and the resulting understanding and knowledge of trade secret law in the United States.
This article will be DuPont v. Christopher clues, combined with the Restatement of Torts, the Uniform Trade Secrets Act, Restatement of Unfair Competition Law and some other typical cases and discuss the U.S. trade secret law some major problems.
Two. Merits Profile
Bill Monte, Texas, DuPont opened a factory plans to produce methanol. As the plant still under construction, the plant has not yet added to the top. March 19, 1969, by the employment of an unidentified third person, Bill Monte photographer Christopher brothers to fly a plane in the air, shooting the DuPont company's new plant. Christopher brother shot a total of 16 photos, and after washing to the unidentified third person.
When the brother of Christopher in the plant over the shooting, received the attention of DuPont employees. They then investigate, trying to figure out the purpose of aircraft circling above in the plant. DuPont identification of the afternoon, the aircraft circled in order to shoot, the photographer is the brother of Christopher. DuPont immediately contact with the brother of Christopher, requiring them to disclose to accept the photo or name of the company. But the brother of Christopher's refusal to disclose the grounds that their clients asked to remain anonymous.
As the investigation reaches an impasse, DuPont immediately filed a lawsuit, for the brother of Christopher alleged that the latter improperly shooting photos with DuPont trade secrets, and photos sold to an unidentified third party. DuPont Company (hereinafter referred to as the plaintiff) said in the indictment, it spent a huge amount of investment and long research, the development of a highly confidential methanol production methods. The application of this method, make the plaintiff a competitive advantage in the market. However, the plaintiff did not in order to apply for a patent, but as a commercial secret protection, and confidentiality given a high priority. Christopher Brothers (hereinafter referred to as defendant) camera factory, the factory is ready to produce methanol by this secret method. As the factory is under construction, some parts of the production methods can be seen directly in the air. The plaintiff said that the photographs, the technical staff can be deduced that the production of methanol. Therefore, the defendant to take a picture and photos to an unidentified third party, to steal the plaintiff's trade secrets, violations of the rights of the company. Because the defendant has already disclosed the trade secrets, resulting in a loss of the company, DuPont, the Court in this Judgment compensation. In addition, DuPont asked the court to issue temporary and permanent injunction prohibited the further spread of photos to prohibit its methanol production plant further shooting.
The defendant Christopher brother in his reply motion asking the court to dismiss the plaintiff directly prosecution because the prosecution lacked a legal basis, in accordance with the law can not provide relief. Further cross-examination, the defendant again refused to disclose the identity of a third party. In this case, the plaintiff moved a motion asking the court to compel the accused to answer this question and all the problems with the case.
June 5, 1969, the parties are all the motion, including the defendant asked the court to make a "summary judgment" (summary judgment) motion, the trial court held a hearing. Subsequently, the court ruled that the denial of the defendant's three motion to dismiss DuPont lack of legal basis for the prosecution dismissed the claims can not give legal relief and make the motion for summary judgment. At the same time, the court ruled that the sure DuPont forced the defendant to disclose the identity of the motion of its customers. In this regard, the defendant moved a motion to request during the proceedings of the appeal (interlocutory appeal).
On appeal, the defendant and the trial court ruled that objection, but on the crucial second ruling, the plaintiff claims for legal relief may be granted, raised an objection. The appellate Court of Appeals for the Fifth Circuit agreed with the trial court's view on this issue, and thus affirmed the trial court's ruling, and discuss some related issues. [5]
Three. Trade secret law and patent law
The plaintiff in the prosecution said, after it invested heavily in the time to study, develop a production of methanol, but it is not patented, but will be protected as a trade secret. Thus, the plaintiff raised the question of the relationship of trade secret law and patent law. Although the Fifth Circuit Court of Appeals did not discuss this issue in the trial of the case, but in the U.S. trade secret law, the relationship between the two is still a worthy first be discussed.
Trade secrets jurisprudence and discussed in detail the relationship between trade secret law and patent law, Kevin Benny oil companies' case in the Supreme Court 1974. [6] in the United States, patent law is a federal law, trade secret law is state law. At the same time, the Constitution of the United States has "the highest authority in terms of both the Constitution and federal law the supreme law of the United States, the Constitution and laws of the state must not violate. Patent law and trade secret law to create the invention to provide protection, while the two requirements are not the same, such as patent law to make full disclosure of the invention for the protection of the premise, trade secret law to secrecy for the protection of the premise. Thus, some people think, create for the protection of the invention, belonging to the state law trade secret law, both the patent law is a federal law there is a conflict, invaded by the patent law field, should be excluded from the field of protection of inventions created outside. It is against this view, "Kevin Benny oil companies" case discussed in detail in a complementary and co-existence of trade secret law and patent law.
The Supreme Court first discussed the invention can not get patent protection. Protected subject matter under Section 101 of the U.S. patent law, methods, machines, products, compounds, and these improvements. Does not belong to these objects of the invention, regardless of how the novel, non-obviousness and usefulness of its inventor can not be patented. In this case, even the abolition of protection of trade secrets, will not enable the inventor to disclose the generic field of the invention. Moreover, it is difficult to say some content, such as customer lists, advertising plans, even if the disclosure is conducive to the public. In fact, these elements in stealth mode, it will encourage companies to develop new personalized business plan, resulting in constructive competition results.
Second, the protected subject matter provided for in section 101 of the Patent Law, only under the conditions of novelty, non-obviousness and usefulness of, can be subject to patent protection. Those who do not meet the "" object, you can not get patent protection. In this case, patent law and trade secret law have their own area of ??protection, to encourage different levels of inventions, there will never be a conflict. Trade secret law will encourage the reach of the field of patent law, inventions, will encourage the inventor or innovator in the invention or innovation, and full use of their invention or innovation. However, if the abolition of the protection of trade secrets, and to encourage inventors or innovators can not be patented inventions or techniques apply for a patent can only be needlessly increase the burden on the Patent Office. Moreover, such an unnecessary application will not promote the disclosure of the invention, because the Patent Office will not disclose was dismissed or the applicant to waive the application case.
Kevin Benny oil companies "case, the Supreme Court but also strive to depict the bleak prospects for the protection of trade secret law.
If the abolition of trade secret protection against disloyal employees, does not meet the patent standard of invention or innovation-related businesses can only take a heavy self-protection measures. For example, an increase of unnecessary preventive measures; employees to understand the secret invention to the high wages and various preferential conditions to ensure their loyalty. Small companies will result in extremely unfavorable economic situation, because the cost of such self-protection is too expensive. No liability for the breach of an obligation of confidentiality, business owners have to the invention is limited to himself and a few trusted people, to the detriment of the invention is fully utilized.
Abolished the protection of trade secrets, and to authorize others to use secret technology will become a problem. Can not ensure that the licensee obligations, payment of royalties or keep a secret, commercial secret owner will be reluctant to share their secrets with other manufacturers. As a result of imprisonment, rather than the diffusion of knowledge. As the trade secret owner in the absence of the invention permits to the same industry, other manufacturers make full use of, or limited use of the invention, or purchase equipment and develop the market to take advantage of the invention but had to spend money and time. In this way, neither allow the public to maximize the benefits, causing waste of resources.
Abolished the protection of trade secrets, it will be difficult to effectively prevent industrial espionage. To prevent theft, wiretapping, bribery and other encroachment of trade secrets by unfair means, trade secrets everyone will have to increase costs. When a business stealing trade secrets from another enterprise, the ultimate victims will be the basic norms of the society. "Industrial espionage tolerance or profitable, the most basic of human rights of privacy will be threatened."
Kevin Benny oil companies' case finally concluded that: "trade secret law and patent law in this country has been the coexistence of a hundred years and they have their own specific role, the use of one does not mean that do not need another commercial secret law encourages the development and use of those less than or different according to the patent law can be protected inventions, but these inventions are still in the development of national science and technology play an important role in trade secret law to promote the effective functioning of the knowledge sharing and industry that allows individual inventors to sign a contract with the company for labor compensation, because the company has the ability to develop and use the invention. through many years of silence, the Congress has wisely allowed the states to the implementation of the protection of trade secrets. clearly to take the opposite action in Congress the states should be safely on trade secrets to protect. "[7]
Protection of inventions related to creation of trade secret law and patent law co-exist and complement each other, but the degree of protection, after all, is inconsistent. Compared with the patent law, trade secret law, the protection provided in many ways just a weak protection. Patent on his invention to create the right to enjoy exclusive manufacturing, use, sale, offer for sale and import, regardless of others is an imitation or independently developed the same invention. It can be said that the patent is a "right". Trade secret law can only prohibit others to breach of confidentiality obligations or by other improper means to obtain, disclose and use the invention. For others a fair and honest means to obtain the same invention, including the independent development and direction of the project, the trade secret owner has no right to prohibit the disclosure and use. At the same time, the trade secrets at any time faced by others, theft, or others contrary to the obligation of confidentiality and disclosure to the risk of competitors, that all difficult to find or difficult to prove. Patent holders do not have this concern. As the U.S. Supreme Court said: "Here, the patent law is a barrier, trade secrets law relative plays the role of a sieve." [8] In addition, the patent protection period from the date of application 20 years , trade secrets, the only basis to maintain a secret deadline protection. The vast majority of trade secrets difficult to maintain the secrets of more than 20 years. Once the invention information is lost secret or in related fields generally are aware, no longer protected object.
Although trade secret law and patent law co-exist on the protection of inventions, an invention, but only for the protection of trade secret law, or to obtain patent protection, can not get the protection of both. Because the protection of the patent law to disclose the invention to create the premise of protection of trade secret law are related inventions in secrecy for the protection of the premise. An invention can not be both open and secret.
In the two extremes of the invention, the invention is not difficult to select the protection. That does not belong to the object of protection of patent law to make the invention, and although belonging to the object but not enough patent protection "requirements of the invention, skill, improvement, inventor apparently will take the protection of trade secrets. Created for those great inventions, including on a lot of people are trying to solve technical problems and to make the invention, the inventor can only seek patent protection. Otherwise, once the others made the same invention and applied for a patent, it will only limit yourself to take advantage of the invention. According to the law of scientific discoveries in the history of invention maturity time, once a person has made a specific invention, others may make the same invention in a very short time. "If something is destined to be invented, it is very likely to be more than one person invented." [9]
Invention in an intermediate state, all you have to make or take the protection of patent law, or to take the choice of the protection of trade secret law. Strong and the weak level of protection, protection of the long and short, and to apply for, to maintain the patent fees and costs to take security measures, we need all to make a comprehensive and balanced.
In respect of such invention in an intermediate state, the United States patent law has also taken a unique protection. Submitted to the department's application of patent examination, most of the countries in the world to take the "early disclosure, and delay the review of the practice. Although such an approach is conducive to the public as soon as possible to understand the invention in the case of application creation, but in a subsequent review, once the patent examination department rejected the application, the applicant can not be the next best thing to protect their own inventions, trade secrets creation. According to Section 122 of U.S. patent law, the Patent Office for each application case must be kept confidential, without the permission of the applicant or owner shall not disclose any information related to the case of the application, unless the enforcement of the law must be, or the Commissioner of Patents Depending on the circumstances, made the opposite decision. Thus, before the patent application is approved, the application case has been in stealth mode until approved before made public. Moreover, even if the patent application was rejected, related inventions into the public domain there is no "early open". Therefore, whether it is in the process of patent application, or apply for the case was dismissed after the applicant or owner can use the trade secrets to protect their own inventions.
November 29, 1999, the United States through the "Intellectual Property and Communications Omnibus Reform Act, copyright law, patent law, trademark law and communications law has been revised. [10] "Foreign patent applications domestic public Act 122 of the Patent Law has been revised since November 29, 2000. Under amended section 122, for all patent applications, patents Secretary since the date of application full 18 months after the publication of the application case, unless the applicant request for earlier publication. Where the application includes a "priority date" requested by the applicant in accordance with relevant international treaties. This is the general provisions. Subsequently, 122 to the above provisions of a series of restrictions. For example, has withdrawn the application for confidentiality order application for the provisional application, and design application for all shall be made public. The most important exception is that if the applicant requests the public not to apply for the case, at the same time able to demonstrate that did not submit to foreign, and does not intend to submit the same to foreign patent application, the Patent Authority shall not open the relevant application case. This mainly refers to Americans of patent applications submitted to the U.S. Patent Office. Seen in this light, the case of applications submitted to the U.S. Patent Office in patent examination process is still in stealth mode. If the application for the case can not be authorized, the applicant can still retreat to the protection of inventions related to the way of trade secrets.
Seen in this light, as revealed by the title of the "foreigners patent applications of domestic public law", according to the revised section 122 of the published patent application, the main is the case of applications submitted by foreigners. Because of foreigners in the U.S. Patent Office filing the patent application had largely been in the country or other countries submitted applications. Only submit the application of foreigners to the United States Patent Office, if you can not say no, but also very few. Of course, you can open the application case, including the application for Americans, both foreign patent authorities to apply to the national patent office again. As early taken by the majority of countries in the world are open, and deferred examination system, the United States can open this part of the international application for other countries actually be open. Obviously, if the international patent application also apply to domestic case did not open, only unfavorable to the American public. As for the Americans, only applications submitted to the national patent office, as long as the applicant request, you can still not be made public. [11]
Consistent with the relevant provisions of section 122 of the Patent Law, "Tariffs and Patent Court of Appeals Federal Circuit Court of Appeals has also taken corresponding measures. According to the provisions of the Patent Office rejected the application for the case of applicants satisfied with the decision can appeal to the Patent Reexamination Board. Rejection of the application the applicant refuses to accept the decision of the Patent Reexamination Board on Tariffs and Patent Appeals Court "(prior to October 1982) or the Federal Circuit Court of Appeals (October 1982), appeal. Under the program, secret trial, the verdict on the appeal taken to archive documents relating to the public, no one will be given access to. In one case in 1978, Tariffs and Patent Appeals pointed out that to do so under the Supreme Court opinion in the case of Kevin Nepalese oil companies, that "as long as possible, trade secret law and patent law should such a way to use: the former should not prevent the inventor to obtain the benefits of the latter. [12]
Four. The composition of trade secrets
In the case of DuPont v. Christopher, the plaintiff in the prosecution, the defendant shot the photo containing the plaintiff trade secret, and sold to an unidentified third party, violated the plaintiff's trade secrets. The plaintiff also said that is a commercial secret method of manufacturing methanol, is out after a huge investment and a long period of research and development, the plaintiff possession of the advantage on the competition in the market. The defendant repeatedly stressed in the first instance and appeal, they are taken in the public air, there is no violation of the Government's aviation regulations, and thus its conduct did not constitute the object of prosecution. In other words, they are taken in the public air, there is no violation of the plaintiff's trade secrets. This raises the question of trade secrets infringement lawsuit must first solve a problem, and that no commercial secrets exist.
In the United States, trade secrets must meet three conditions, that is, the information belongs to a protected object, the relevant information is secret, the information has commercial value.
A. Protected subject matter
It can be said that the Trade Secrets Act emphasized more applicable to the principle of fairness in order to protect certain information in certain industrial and commercial activities, rather than give a strict definition. In fact, the object of protection of trade secret law, inclusion in a definition, it will be very difficult. As a precedent puts it, "trade secret law, ...... example, than to define or try to define more helpful." [13]
Restatement of Torts definition of trade secrets has taken a non-exhaustive list. "Trade secrets can include the collection of any formula, pattern, settings and Information, and for a person of commercial, give him an opportunity to get higher than I do not know or do not use the advantages of its competitors. It can be a chemical compounds of the formula, manufacturing method for a processing or handling of materials, the style of a machine or other settings, or a list of customers. [14] "Uniform Trade Secrets Act's definition is:" commercial secret meaning means information, including a formula, pattern, compilation, program, set up, methods, technologies and processes. "[15] is also cited definition. "Anti-Unfair Competition Law Restatement section 39 under the definition of trade secret is:" commercial secret information can be used for commercial or other industrial activities, and has sufficient value and secrecy, resulting in actual or potential higher than that of other people's economic advantage. "his comments on the object of protection, said:" trade secrets can include a formula, pattern, compilation of data, computer programs, settings, methods, techniques, processes, or other forms or carrier the economic value of a business secret and technical topics related to, such as the composition of the product or design, a manufacturing method, or perform a particular operation or provide a particular service necessary skills (know-how). a trade secret can also be related to other aspects of the business activities, such as pricing and availability of skills, or the customer's identity and requirements (see 42 comment f) of trade secret rights is normally advocated for businesses and other commercial organizations. However, non-profit organizations, such as charitable, educational, government, the Freemasons, and religious organizations, can also have economic value information, such as the expected members of the list or the list of donors, and requires protection. "[16]
Seen in this light, in addition to all personal information outside of government information, regardless of the specific technical information, or non-technical business information, on the basis of other relevant provisions of the elements of, can become the object of trade secret protection.
Two. Valuable
The value of trade secrets, also known as the commercial value of nature, of a trade secrets can make all the competition in the market has the advantage above others. Restatement of Torts "is a trade secret under the definition of" higher than the advantage of the competitors do not know or do not use it "means trade secrets value. Uniform Trade Secrets Act "is this commercial value of clear economic value. : Not widely known for others, others with a legitimate means can not be easily available, so it has actual or potential independent economic value, and others because of its disclosure or application can obtain economic value. [17] Of course, this the less demanding of commercial advantage or commercial value, as long as it is not insignificant to meet the requirements.
In many cases, the court also to the development of the information to pay the economic costs and the time it takes to determine the commercial value of certain information. "Restatement of Torts," determine the standards of the commercial secret that statement, that "he spent in the development of the information the amount of effort or money. Effort and money spent by the owner of trade secret in the development of the information is one of the basis of the court in calculating damages. Of course, trade secret does not require to spend effort and money, because some of the accidental invention may be effortless.
3. Secrecy
Trade secrets constitute the core elements of its secretive nature. In the U.S., when the court determine the secret, to consider a general knowledge of the industry, others through the proper channels to obtain information about the degree of difficulty and all the security measures taken. [18]
The general knowledge level of an industry, can not be public knowledge or common sense for themselves or as a secret. A factor that the court sometimes referred to as the "novelty" protected information must be different from the known information, and have commercial value. As the Supreme Court summarized the elements of trade secrets, said: "if only because the novel is generally known, then, some kind of novelty is necessary, therefore, trade secrets, the secret is at least refers to the minimum level of novelty. "[19]
Others through the proper channels to obtain information about the degree of difficulty is if the competitors by observation of the listed products, you can easily access relevant information through a public offering of publications and public records, there is no commercial secrets exist . As the Uniform Trade Secrets Act, "the commentary said:" If the information in trade journals, reference books or publications, it is easy to get. "[20] Only the owner has a commercial value, the competitors to take the proper means is difficult to obtain information that is trade secrets.
All taken security measures, measures to prevent a third party access to information and requirements for employees, business partners confidentiality measures. Moreover, the security measures mentioned here is all based on specific situations taken reasonable measures, not excessive or extreme measures. "Uniform Trade Secrets Act", commented: "reasonable efforts to maintain secrecy, has warned employees to trade secrets exist, trade secrets is limited to the 'need to know the scope of' control out of the factory on the other hand, shows, industry publications, advertising and other negligence and disclosure of information, can not be protected. [21]
"DuPont v. Christopher" case discussed in this article, based on the plaintiff's claim, the plaintiff spent a huge amount of money after a long study developed a new method of manufacturing methanol, the method enables the plaintiff in The market has a higher than competitors' strengths, and the plaintiff to take the necessary security measures, and therefore meets the above three requirements, enjoy the right to trade secrets.
In the GATT Uruguay Round negotiations, the formation of a "Trade-Related Aspects of Intellectual Property Rights Agreement, the first time, protection of trade secrets included in international conventions. Very interesting is that the three of them for the requirements of trade secrets, and the above-mentioned elements of trade secrets is basically the same. Namely: the information is secret, as a whole or combination of ingredients is not engaged in information work in related fields generally known or easily accessible;-related information has commercial value because it is secret; and the legal owner of the informants specific circumstances, to take reasonable security measures. Under the agreement, the natural and legal persons can prevent unauthorized access to or use of trade secrets, disclosed in a manner contrary to honest commercial practices. [22]
It can be said that the "secret" is the most central elements of the three constituent elements of the trade secrets. In almost every trade secret cases, the relevant information has a secret, always become a bone of contention of the plaintiff and the defendant. "DuPont v. Christopher" case, the defendant also suggested that they shoot the DuPont plant, and provide photos to a third party, there is no infringement. Because they are shooting in the public air, that is not in breach of the Government's aviation regulations, there is no fraud or illegal acts exist. In other words, DuPont's production methods are exposed to public view, does not belong to the secrets of preventive measures taken.
For this issue, the court's view, as long as the owner of trade secrets has taken reasonable precautions to comply with legal requirements related to security measures do not have to be too heavy or extreme measures. The Court noted that the plaintiff's factory is under construction. After the completion of construction, from the air will not see the plaintiff's production process, but now from the air and observed the plaintiff's trade secrets. In this case, not too much to require the plaintiff to the unfinished construction of the plant plus the roof, to prevent others from the air to observe the production process. If, if so, that is, force the plaintiff to spend huge amounts of money to beware of the "naughty trick. "We can not ask a person or company to take unreasonable precautions, to prevent others to do the things he should not be first to do preventive measures against predatory eyes we can request to be reasonable, but the needle inserted into the The fortress is an unreasonable request. we have no reason to impose such liability in the industry, the inventor of the head, so as to protect their creative achievements. "the court said:" Perhaps shall build the fence and the roof, to file open cast
V.
Network learning is one less big run - Study Skills
Network learning is one less big run - Study Skills
Mention the Internet, most people are talking QQ, watch videos, play games, can seriously stop learning, not many people, perhaps many people will complain about do not have a good learning environment, and do not know a huge network inside look what. Even to learn, just go to some related industries, local website information, or search engine.
Today I share with everyone my own network learning techniques. Is recommended to a few good learning tools, these tools can be effective through the Internet to obtain the information they need to play a multiplier learning, of course, I said before, if you want to learn, network everywhere teachers, almost did not solve the problem.
The skills 1RSS subscription abreast of the latest developments
In fact, I have a good habit, NetEase or Tencent portal will go after each landing system to connect to the Internet to look at the news, then go to my own industry-related Web site to view specific information, this period is about 30 every morning ~~ 45 minutes, as time goes on, the favorites of the industry Web site more and more updated information of each site is also difficult to accurately position, but then I found the RSS feed can well solve these problems, here recommend a software FeedDemon, I am using 3.0.0.22RC1 version (Figure 1), his greatest advantage is that by adding RSS feeds (the feed) software, the information title or other content retrieval, automatic contrast prompted the latest information so that we The updated information is very easy to grasp.
Skills 2E text necessary.
Often encountered in the study do not understand English, and hinders our further learning and foreigners, in fact, foreigners a lot of things are very good, but many people suffer from language barriers can not learn, Google Kingsoft this tool is very good, I am generally not familiar with word through this inquiry, or a few sentences can be translated through this, of course, the inside is also very good on their own to learn English, English is a language tool, mainly to strengthen communication and foreign, but must not forget that we the Chinese first learn chinese, learn english more appropriate, but foreigners have a lot of good class e-book I am also very fond of here is a school friend of the computer, we recommend you to a web site: http://www.btebook/ com, looks like recently because the record was temporarily shut down, many e-books of this type of E text, mostly in pdf, chm format, ideal for reading and querying.
Tip # 3 - time management is not less
Study and work time to arrange reasonable, when doing things that do not need to specify a complete plan, but need to have a concept of time, such as watching the news one day about 45 minutes will be enough, probably because some The content is wonderful, you will read on, to forget the time that affect the work. Such learning is not desirable, time management, I recommend a tool the, EssentialPIMPro (Figure 3), which is a personal information management tools, which not only the schedule management of these other functions of the content, as well as memos, address book, etc. Here we selectively use the schedule function, to specify a general plan for their own learning, so that will be more to learn of the purpose.
Tip # 4 Knowledge Management is one less
To what records after learning down constantly to review this learning is a very important thing, many people agree with a good memory as bad written, but now have a computer, because the data content is greater simply use a pen is difficult to solve the problem, so we need to introduce some of the better tools to help us documenting knowledge learned.
Of course, you can use a word document records down, and then do the naming convention used to quickly find, I recommend a network of Dr tool (Figure 4), this tool is the best browser integration, very convenient to obtain information on the page, through the form of books, chapters, pages very easy to sort the content of our knowledge, I use the latest version 4.5.0.560, a lot of data is no guide came from the old version. But I can before finishing the contents of the output into chm format e-books, to facilitate the preservation and access, this is a very effective tool for knowledge management, I suggest learning the use of computer-related friends.
Above four is my personal network to learn the tools, of course, there are many learning tools are very good, those are we need constantly to be discovered, in fact, want to learn from the network does not lie in these tools, but rather you desire a knowledge of the kind of mentality. A good learning objectives, a scientific and standardized learning methods can help to quickly grow up. Love to learn the Chinese nation, good science, I believe that to take advantage of these tools to facilitate faster, better learning, the network is the contents of the treasure house of knowledge can not only see the entertainment, many interesting things waiting for us to explore, and create .
Mention the Internet, most people are talking QQ, watch videos, play games, can seriously stop learning, not many people, perhaps many people will complain about do not have a good learning environment, and do not know a huge network inside look what. Even to learn, just go to some related industries, local website information, or search engine.
Today I share with everyone my own network learning techniques. Is recommended to a few good learning tools, these tools can be effective through the Internet to obtain the information they need to play a multiplier learning, of course, I said before, if you want to learn, network everywhere teachers, almost did not solve the problem.
The skills 1RSS subscription abreast of the latest developments
In fact, I have a good habit, NetEase or Tencent portal will go after each landing system to connect to the Internet to look at the news, then go to my own industry-related Web site to view specific information, this period is about 30 every morning ~~ 45 minutes, as time goes on, the favorites of the industry Web site more and more updated information of each site is also difficult to accurately position, but then I found the RSS feed can well solve these problems, here recommend a software FeedDemon, I am using 3.0.0.22RC1 version (Figure 1), his greatest advantage is that by adding RSS feeds (the feed) software, the information title or other content retrieval, automatic contrast prompted the latest information so that we The updated information is very easy to grasp.
Skills 2E text necessary.
Often encountered in the study do not understand English, and hinders our further learning and foreigners, in fact, foreigners a lot of things are very good, but many people suffer from language barriers can not learn, Google Kingsoft this tool is very good, I am generally not familiar with word through this inquiry, or a few sentences can be translated through this, of course, the inside is also very good on their own to learn English, English is a language tool, mainly to strengthen communication and foreign, but must not forget that we the Chinese first learn chinese, learn english more appropriate, but foreigners have a lot of good class e-book I am also very fond of here is a school friend of the computer, we recommend you to a web site: http://www.btebook/ com, looks like recently because the record was temporarily shut down, many e-books of this type of E text, mostly in pdf, chm format, ideal for reading and querying.
Tip # 3 - time management is not less
Study and work time to arrange reasonable, when doing things that do not need to specify a complete plan, but need to have a concept of time, such as watching the news one day about 45 minutes will be enough, probably because some The content is wonderful, you will read on, to forget the time that affect the work. Such learning is not desirable, time management, I recommend a tool the, EssentialPIMPro (Figure 3), which is a personal information management tools, which not only the schedule management of these other functions of the content, as well as memos, address book, etc. Here we selectively use the schedule function, to specify a general plan for their own learning, so that will be more to learn of the purpose.
Tip # 4 Knowledge Management is one less
To what records after learning down constantly to review this learning is a very important thing, many people agree with a good memory as bad written, but now have a computer, because the data content is greater simply use a pen is difficult to solve the problem, so we need to introduce some of the better tools to help us documenting knowledge learned.
Of course, you can use a word document records down, and then do the naming convention used to quickly find, I recommend a network of Dr tool (Figure 4), this tool is the best browser integration, very convenient to obtain information on the page, through the form of books, chapters, pages very easy to sort the content of our knowledge, I use the latest version 4.5.0.560, a lot of data is no guide came from the old version. But I can before finishing the contents of the output into chm format e-books, to facilitate the preservation and access, this is a very effective tool for knowledge management, I suggest learning the use of computer-related friends.
Above four is my personal network to learn the tools, of course, there are many learning tools are very good, those are we need constantly to be discovered, in fact, want to learn from the network does not lie in these tools, but rather you desire a knowledge of the kind of mentality. A good learning objectives, a scientific and standardized learning methods can help to quickly grow up. Love to learn the Chinese nation, good science, I believe that to take advantage of these tools to facilitate faster, better learning, the network is the contents of the treasure house of knowledge can not only see the entertainment, many interesting things waiting for us to explore, and create .
LINUX accidentally deleted the Oracle database, data recovery technology program
LINUX accidentally deleted the Oracle database, data recovery technology program
Preface:
The Ext3/Ext4 under LINUX file system, if you accidentally deleted data, data recovery is
very difficult. Said to delete the file number of small (usually less than hundreds of files), but
also through the journal log files residues in contrast to the inode information recovery, restore
data directory structure may not be able to retain the integrity of; If you delete the file number
large, data recovery is almost intact the file directory structure. This is a common problem with
the Ext3/Ext4 the file system, not to the deletions go backward! In the case of the data recovery
industry, there are many examples of the ORACLE database file is accidentally deleted LINUX, I
Laijiang Jiang delete the Oracle database under Linux data recovery technology program.
Data loss case background:
Computer maintenance engineers stopped the oracle services, oracle intend to do a cold
backup, backup the library file to the windows PC Server, download with CuteFTP customer side.
During the download process, the download speed is slow, want to delete the download tasks, the
results of misuse, you want to download oracle instance folder removed, the oracle library files,
control files, log files deleted in its entirety.
Under LINUX EXT3 file system recovery technologies introduced:
EXT3 file system is not set aside the undelete function.
EXT3 file system, each file are Inode describe the specific location of its data storage,
data pointer part of inode is cleared when files are deleted after the file directory area is not
much variation. File read and write through Inode, Inode data pointer is cleared, even if the
contents of the file still we have no way combination of the contents of the file.
EXT3 file system is a file system with a log function, the inode changes in the log files
recorded in the journal in the journal file is relatively small, usually 32MB. EXT3 file system
metadata change, the corresponding metadata. The journal file will have a the COPY. For example, a
file is deleted, the Inode information. The journal file to keep a, and then you want to delete
the file inode information is cleared. This. The journal file is recycled, when the operation is
too much, the deleted file's inode logging new data substitution, which completely lost the
opportunity to retrieve data according to the inode. If a large number of files to delete. The
journal file has been repeatedly recycled many times, only to leave the last deleted file recovery
the opportunity to.
Data recovery technology:
Customers to recover oracle database, oracle database files are deleted, as long as the data
is not covered, Darth data recovery files can be extracted separately.
After in-depth analysis not found. The journal file to delete the oracle data files, because the
user to delete the data, the system is still switched on at the same time try to start the oracle
instance, oracle to generate some log files, the number of these log files. the number of deleted
files to be restored only 16. journal file does not delete the file inode information.
To restore the idea of ??two:
First: According to the internal structure of the oracle data files on a comprehensive search, in
line with data from the oracle data pages are extracted, and then reassembled in accordance with
the ID number of the Oracle data files.
The second: Distribution Law according to the oracle data files, precise positioning of the oracle
file data pointer address, including an indirect address, two indirect address and three indirect
address, re-construct the file's inode information, and then read the data out.
Through these two recovery data are good, the last oracle to start normally. Engineers all the
data backup, the last two tables of data a little something to record, has been identified as the
reason for this is to delete the file after the log files written to the partition, and destroyed
some of the data page of the Oracle data files, but fortunately this two tables of data for users
is not very important.
Preface:
The Ext3/Ext4 under LINUX file system, if you accidentally deleted data, data recovery is
very difficult. Said to delete the file number of small (usually less than hundreds of files), but
also through the journal log files residues in contrast to the inode information recovery, restore
data directory structure may not be able to retain the integrity of; If you delete the file number
large, data recovery is almost intact the file directory structure. This is a common problem with
the Ext3/Ext4 the file system, not to the deletions go backward! In the case of the data recovery
industry, there are many examples of the ORACLE database file is accidentally deleted LINUX, I
Laijiang Jiang delete the Oracle database under Linux data recovery technology program.
Data loss case background:
Computer maintenance engineers stopped the oracle services, oracle intend to do a cold
backup, backup the library file to the windows PC Server, download with CuteFTP customer side.
During the download process, the download speed is slow, want to delete the download tasks, the
results of misuse, you want to download oracle instance folder removed, the oracle library files,
control files, log files deleted in its entirety.
Under LINUX EXT3 file system recovery technologies introduced:
EXT3 file system is not set aside the undelete function.
EXT3 file system, each file are Inode describe the specific location of its data storage,
data pointer part of inode is cleared when files are deleted after the file directory area is not
much variation. File read and write through Inode, Inode data pointer is cleared, even if the
contents of the file still we have no way combination of the contents of the file.
EXT3 file system is a file system with a log function, the inode changes in the log files
recorded in the journal in the journal file is relatively small, usually 32MB. EXT3 file system
metadata change, the corresponding metadata. The journal file will have a the COPY. For example, a
file is deleted, the Inode information. The journal file to keep a, and then you want to delete
the file inode information is cleared. This. The journal file is recycled, when the operation is
too much, the deleted file's inode logging new data substitution, which completely lost the
opportunity to retrieve data according to the inode. If a large number of files to delete. The
journal file has been repeatedly recycled many times, only to leave the last deleted file recovery
the opportunity to.
Data recovery technology:
Customers to recover oracle database, oracle database files are deleted, as long as the data
is not covered, Darth data recovery files can be extracted separately.
After in-depth analysis not found. The journal file to delete the oracle data files, because the
user to delete the data, the system is still switched on at the same time try to start the oracle
instance, oracle to generate some log files, the number of these log files. the number of deleted
files to be restored only 16. journal file does not delete the file inode information.
To restore the idea of ??two:
First: According to the internal structure of the oracle data files on a comprehensive search, in
line with data from the oracle data pages are extracted, and then reassembled in accordance with
the ID number of the Oracle data files.
The second: Distribution Law according to the oracle data files, precise positioning of the oracle
file data pointer address, including an indirect address, two indirect address and three indirect
address, re-construct the file's inode information, and then read the data out.
Through these two recovery data are good, the last oracle to start normally. Engineers all the
data backup, the last two tables of data a little something to record, has been identified as the
reason for this is to delete the file after the log files written to the partition, and destroyed
some of the data page of the Oracle data files, but fortunately this two tables of data for users
is not very important.
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