1. How to calculate losses for the crime of infringement of trade secrets
(1) The losses suffered by the owner of trade secret rights due to infringement shall be used as the basis for conviction, sentencing and actual compensation;
(2) The benefits obtained by the infringer due to infringement shall be used as the basis for conviction, sentencing and actual compensation; The amount of loss and compensation;
(3) The amount of loss and compensation shall be no less than the reasonable usage fee of the trade secret use license;
2. Legal basis: According to"Criminal Law of the People's Republic of China"Article 219, [Crime of Infringement of Trade Secrets] 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 shall also or shall be fined alone; if the circumstances are particularly serious, he shall be sentenced to three years' imprisonment. to fixed-term imprisonment of not less than 10 years but not more than 10 years, and to a fine: Obtaining the right holder’s business secrets by legitimate means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;
(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their 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. In cases of trade secret infringement, can criminal and incidental civil lawsuits be filed
Not all A criminal incidental civil lawsuit can be filed for any infringement. Only in cases where personal rights are infringed upon and property is destroyed by criminals and material losses are suffered, a criminal incidental civil lawsuit can be filed. After requesting the court to identify the criminal suspect's criminal behavior At the same time, the purpose of obtaining civil compensation is achieved.
Once a trade secret is leaked, the loss of the right holder is often irreparable. This is generally believed in criminal trials This kind of loss should refer to actual losses, and actual losses include both direct losses and actual benefits that the right holder will inevitably lose. Moreover, the loss caused to the right holder by infringement of trade secrets cannot only be based on the amount, but should focus on the research and development costs, utilization cycle , maturity, market prospects and other direct factors, comprehensively consider various related factors, such as loss of competitive advantage, decline in business reputation, etc.
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