[Direct answer]It is legally permissible in principle, but there are certain limitations. Reverse engineering refers to the act of obtaining technical information about a product by disassembling, surveying, and analyzing it from publicly available sources. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Cases Involving Infringement of Trade Secrets", obtaining technical information about a product from publicly available sources through technical means such as disassembling, surveying, and analyzing it does not constitute infringement of trade secrets, unless otherwise agreed by the parties or the actor violates the obligation of confidentiality. In other words, reverse engineering is one of the legal means of obtaining technical information. However, if it is used to steal trade secrets or violates the confidentiality agreement with the rights holder, it may constitute infringement. Additionally, if the relevant technology is protected by a patent, reverse engineering itself does not constitute infringement, but implementing the patented technology (manufacturing, using, selling, etc.) without authorization may still infringe the patent rights.

1. Problem background and typical scenarios

When enterprises develop new products, they often analyze the products publicly sold by competitors in the market to understand their technologies and processes. Whether this practice is legal has become a common concern among enterprises and R&D personnel. With the increasing number of disputes over technical secrets, the legal boundaries of reverse engineering have become a focus of controversy.

II. Key points of contention

First, does reverse engineering constitute an infringement of trade secrets? Second, does the product's source come from public channels? Third, does it violate the agreed confidentiality obligation? Fourth, what is the relationship between reverse engineering and patent infringement? Fifth, what are the boundaries of the subsequent use of the technical information obtained through reverse engineering?

III. Professional analysis by Henglue Lawyers

Henglue Lawyer explained it from two aspects: rules and practice. Firstly, legal basis: The law explicitly excludes the acts of disassembling, surveying, and analyzing products obtained from public channels to obtain technical information from the scope of infringing trade secrets, thus making reverse engineering a legitimate way to acquire technology. Secondly, source requirements: Products must be legally obtained from public channels, such as purchasing them legally or obtaining them from products in the market. If technical materials or samples are obtained through improper means, they do not constitute legitimate reverse engineering. Thirdly, contractual restrictions: If there are confidentiality agreements, non-reverse engineering clauses, or usage license restrictions between the parties, the act of violating these agreements may constitute a breach of contract or infringement, even if reverse engineering has been carried out. Fourthly, patent risks: If the technology obtained through reverse engineering has been patented and is valid, the implementation of this patented technology still requires obtaining permission, otherwise it will constitute patent infringement; reverse engineering itself cannot be used as a defense against patent infringement, but it can be used to determine whether it falls within the scope of patent protection. Fifthly, subsequent use: The technical information obtained through reverse engineering can be used for self-research and improvement, but it is not allowed to use confidential information from the rights holders that was obtained during the reverse engineering process, nor is it allowed to use the technology after circumventing technical measures. When handling technical cases in the Beijing area, the court will focus on reviewing the legality of the product source, the existence of confidentiality agreements, and the specific steps of the implementation process.

IV. Practical suggestions and legal basis

Action suggestions: First, ensure that the products are obtained legally through public channels and keep the purchase receipts; Second, self-check whether there are confidentiality agreements, usage licenses, or agreements prohibiting reverse engineering; Third, investigate whether the target technologies are already covered by patents and conduct patent searches if necessary; Fourth, document the R&D process to prove the legitimacy of the technology sources. For issues related to intellectual property protection and corporate legal affairs, you can refer to the relevant guidelines and regulations.Intellectual property protection and corporate legal advisorsFor disputes involving technical contracts, you can refer to the following document for reference:Business and contract disputes in enterprisesLegal basis: Article 9 of the Anti-Unfair Competition Law of the People's Republic of China (amended and implemented on April 23, 2019), relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Civil Cases Involving Infringement of Trade Secrets", and Article 11 of the Patent Law of the People's Republic of China (amended and implemented on June 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, products obtained through public channels can be legally reverse-engineered. Secondly, obtaining samples or materials through secret channels does not constitute legal reverse engineering. Thirdly, when there are confidentiality or non-reverse-engineering agreements in place, these agreements must be adhered to. Fourthly, implementing others' patented technologies still requires obtaining permission. For matters involving reverse engineering and trade secrets, the parties involved can resolve the disputes through legal means.Intellectual property protection and corporate legal consultantsWe provide a comprehensive solution for services, which includes the integration of technical contractsBusiness and contract disputes in enterprisesFor cases involving labor disputes (such as employees taking away technical documents), you can refer to the relevant provisions in the contractLabor disputes and work-related injury compensationFor any questions regarding criminal risks, please feel free to consult us.Criminal defense and criminal case filingTeam.

VI. Frequently Asked Questions

Q1: Is it legal to buy someone else's product, disassemble it, and analyze it?

It is generally legal. Obtaining technical information by disassembling, surveying, and analyzing products obtained from public channels does not constitute infringement of trade secrets. However, it is necessary to ensure that the product sources are legal and there are no agreements on confidentiality or prohibition of reverse engineering.

Q2: Does reverse engineering constitute an infringement of trade secrets?

In principle, it doesn't count. The law explicitly excludes the disassembly, mapping, and analysis of publicly available products from infringing on trade secrets. However, obtaining undisclosed information through improper means or violating confidentiality obligations may still constitute infringement.

Q3: If a product has a patent, can it still be reverse-engineered?

It can be analyzed, but it cannot be implemented at will. Reverse engineering itself does not constitute patent infringement, but if it is used to manufacture, use, or sell products that fall within the scope of patent protection without authorization, it still constitutes patent infringement. It is necessary to conduct a patent search and risk assessment first.

Q4: What should I do if I've signed a clause prohibiting reverse engineering?

You must abide by the agreement. If there are clauses in the contract prohibiting reverse engineering or restricting its use, violating the agreement by conducting reverse engineering may constitute a breach of contract. Enterprises should review the contract terms in advance and assess the compliance risks.

Q5: Can the technology obtained through reverse engineering be used directly?

It can be used for independent improvement and R&D, but the confidential information of the right holders encountered during the process must not be used, and technical measures must not be circumvented. It is recommended to fully document the R&D process to prove the legitimacy of the technical source for future evidence purposes.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.