1. How are the sentencing standards for the crime of infringing trade secrets
1 . The sentencing standards for the crime of infringement of trade secrets: infringement of trade secrets has the potential to cause losses of more than 500,000 yuan to the owner of the trade secrets; If a person becomes bankrupt or otherwise causes significant losses to the right holder of a trade secret, the case shall be opened for investigation after the party concerned reports the case.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9
Have one of the following infringements of trade secrets, causing heavy losses to the right holder of the trade secrets If the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and criminal detention, and also or solely a fine; 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:
( 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 obtained by the means mentioned in the preceding paragraph Business secrets;
(3) Violating the obligation of confidentiality or violating the obligee's requirements for keeping business secrets by disclosing, using or allowing others to use the business secrets in his possession.
Anyone who 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 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. Objective conditions for infringement of trade secrets
Generally refers to stealing business secrets Obtaining trade secrets through the carrier of secrets; inducement refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to intimidating and threatening people who know the contents of trade secrets to force others to do so. Providing trade secrets. Other unfair means refer to other unfair means other than theft, inducement, and coercion, such as snatching drawings containing trade secrets. Disclosing, using, or allowing others to use rights holders obtained through the first method above Trade secrets. This is a continuation of the first act above. Knowing or should have known about the first to third illegal acts mentioned above, obtaining, using or disclosing other people’s trade secrets. This is an act of indirect infringement of trade secrets, that is, the act of The three parties knew or should have known that the person imparting trade secrets to them had committed the above-mentioned illegal acts, but they obtained, used or disclosed other people’s trade secrets.
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