1. Punishment standards for the crime of infringement of trade secrets
1. Our country’s The penalty standards for the crime of infringing on trade secrets are: if the crime is serious, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and concurrently fined.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9 Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosing, using or allowing others to use the right holder's business secrets obtained through the means mentioned in the preceding paragraph;
(3) ) Violates the obligation of confidentiality or violates the rights holder's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in its possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
2. What are the standards for filing a crime of infringement of trade secrets?
1. Anyone who infringes on trade secrets and is suspected of one of the following circumstances shall be prosecuted:
(1) Granting trade secret rights causing direct economic losses of more than 500,000 yuan;
(2) causing the obligee's bankruptcy or other serious consequences.
2. Anyone who infringes on trade secrets and is suspected of one of the following circumstances shall be prosecuted:
(1) The amount of losses caused to the owner of the trade secret is more than 500,000 yuan; More than 100,000 yuan;
(3) Causing the bankruptcy of the owner of the trade secret;
(4) Other situations that cause significant losses to the trade secret right holder.
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