1. Standards for filing crimes of infringement of trade secrets
1. Giving trade secrets The amount of losses caused by the right holder is more than 500,000 yuan; the amount of illegal gains due to the infringement of trade secrets is more than 500,000 yuan; causing the business secret right holder to go bankrupt; other circumstances that cause significant losses to the trade secret right holder.
2. Legal basis:
"Anti-Unfair Competition Law of the People's Republic of China" Article 9, Paragraph 4 stipulates that the term "trade secrets" as mentioned in this Law refers to commercial information such as technical information and business information that is not known to the public, has commercial value, and for which the right holder has taken corresponding confidentiality measures. Infringement of trade secrets, suspected of any of the following circumstances, shall be filed for prosecution: The amount of losses caused to the owner of the trade secret The amount of illegal income obtained from infringement of trade secrets is more than 500,000 yuan; More than 500,000 yuan;causing the bankruptcy of the owner of the trade secret span>;Other circumstances that cause significant losses to the holder of the trade secret right.
2. What responsibilities should be borne for the crime of infringement of trade secrets
Infringement of trade secrets, to those who have committed trade secrets If the right holder causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
In addition to criminal liability, infringement of trade secrets may also bear civil liability and administrative liability.Infringement of trade secrets itself is a civil tort If a trade secret is infringed upon due to an act, the right holder may request the infringer to cease the infringement, eliminate the impact, compensate for losses and other civil liabilities. The state industrial and commercial administration authority may investigate and deal with the infringement of trade secrets, and may impose administrative penalties if the infringement is confirmed.
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