1. Conviction and sentencing of the crime of infringement of trade secrets
1. Obtain the business secrets of people with rights through theft, inducement, coercion or other improper means
2 , Legal basis:
"Criminal Law" Article 219
Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secret shall be punished with a three-year fine Fixed-term imprisonment of not less than three years or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, the sentence is to be not less than three years but not more than seven years of limited imprisonment, and also a fine
(1) Obtain the business secrets of people with rights through theft, inducement, coercion or other improper means
(2) Disclose, use or allow others to Using the obligee’s trade secrets obtained by means of the preceding paragraph
(3) Violating the agreement or violating the obligee’s requirements for keeping trade secrets, disclosing, using or permitting Others use the trade secrets in their possession.
(4) Anyone who knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be punished for the crime of infringement of trade secrets.
(5) The term "trade secret" as mentioned in this article refers to a secret that is not known to the public, can bring economic benefits to the right holder, is practical and has been approved by the right holder. Technical information and business information that are kept confidential.
2. Issues in identifying evidence for infringement of trade secrets
1. It is difficult for the public prosecution to provide evidence for accusing the defendant of infringement of trade secrets
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2. This difficulty in providing evidence is mainly reflected in two aspects: on the one hand, it is manifested in the non-cooperation of the right holder. Rights holders are often unwilling to provide evidence of their own trade secrets, and are even less willing to submit technical information to relevant departments for identification. This causes problems in providing evidence of trade secret infringement by perpetrators.
3. Identification of whether the information leaked by the perpetrator is a trade secret
4 . If the conditions for identification are met, the relevant technical information should be entrusted to a professional authoritative department for identification. This is because when examining whether the technical information leaked by the perpetrator is a trade secret, it often involves very complex technical issues. The judge knows very little about this type of professional technology, so how to determine that the professional technology is a trade secret. In this case, the identification of professional authorities is particularly important. Because professionals are relatively familiar with the latest domestic and international situations of professional technology, the conclusions they draw after retrieving and conducting comparative analysis of data are scientific and objective to a certain extent. The judge is a neutral referee. The appraisal conclusion based on which the case is finalized must be cross-examined in court and the opinions of both parties are heard. The judge then conducts a comprehensive review and judgment based on other evidence before deciding whether to accept it or not.
Through reading the article, I believe that everyone must have their own opinions on the latest standards for filing crimes of infringement of trade secrets and relevant knowledge. An act reaches a certain level. After the standards for filing a crime are determined, relevant procedures such as filing and investigation will be carried out. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
