1. China’s new criminal law provides for years of imprisonment for the crime of infringement of trade secrets
1. Under the new criminal law, the crime of infringement of trade secrets will generally be sentenced to fixed-term imprisonment of not more than three years and not more than or without a fine; if the circumstances are particularly serious, the crime will generally be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and concurrently fined. This crime objectively constitutes an infringement of trade secrets and causes heavy losses to the right holder.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China", who commits any of the following acts of infringement of trade secrets, and the circumstances are serious, shall be punished The offender shall be sentenced to fixed-term imprisonment of not less 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 and not more than ten years and shall also be fined:
To Stealing, bribery, fraud, coercion, electronic intrusion or other improper means to obtain the right holder’s business secrets;
Disclosing, using or allowing others to use the means specified in the preceding paragraph Obtaining the right holder’s trade secrets;
Breaking confidentiality obligations or violating the right holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession of trade secrets.
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
Infringement of trade secrets and suspected of the following circumstances shall be prosecuted:
1. The amount of loss caused to the owner of the trade secret exceeds 500,000 yuan Above;
2. The amount of illegal income from infringement of trade secrets is more than 500,000 yuan;
3. Causing the bankruptcy of the trade secret obligee;
4. Other circumstances causing significant losses to the trade secret obligee.
The crime of infringement of trade secrets includes any of the following acts of infringement of trade secrets. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and, in addition or solely, a fine; if the circumstances are particularly serious, he shall be sentenced to three years. A prison term of not less than ten years but not more than ten years, and a fine:
Obtaining the right holder's business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means ;
Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;
Breaking confidentiality obligations or violating the right holder's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in his 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 secrets.
The rights holder referred to 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.
I hope the above content can be helpful to you, if you If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
