1. How to calculate losses from leaking trade secrets
1. The losses suffered by the trade secret right holder due to infringement shall be the basis for conviction, sentencing and actual compensation. All calculable losses in property and income of the trade secret right holder shall be regarded as the amount of loss. This includes both the right holder’s own income and the right holder’s expected income within a number of years. The main factors to consider are: the cost of research and development of trade secrets, the maturity level of trade secrets, the length of the utilization cycle of trade secrets and whether they can be reused, as well as the use and transfer of trade secrets, market supply and demand conditions, etc.;
2. The amount of loss and compensation shall be the benefit obtained by the infringer due to the infringement. The calculation of this loss is based on the premise that the infringer has not disclosed or transferred it to a third party and has not made it known to the public. If a trade secret is illegally sold to others, the income from the illegal sale shall be the amount of loss; if a trade secret is illegally used for production and business activities, the profit gained or increased as a result shall be the amount of loss. If the infringer’s behavior is indirect use, the benefits generated shall be the loss and compensation amount;
3 , the amount of loss and compensation shall be no less than the reasonable usage fee of the trade secret use license. When the above two methods are inconvenient to calculate, this compensatory method can be used to calculate the amount of loss.
4. Legal basis: "Anti-Unfair Competition Law"
Article 17 If an operator violates the provisions of this Law and causes damage to others, he shall bear civil liability in accordance with the law.
The operator's legitimate rights and interests are affected If damage is caused by unfair competition, a lawsuit may be filed in the People's Court.
The amount of compensation for an operator who is damaged by unfair competition shall be based on the amount of compensation caused by the infringement. The actual loss suffered shall be determined; if the actual loss is difficult to calculate, it shall be determined according to the benefits obtained by the infringer due to the infringement. If the operator maliciously commits an infringement of trade secrets, and the circumstances are serious, the amount may be one or five times the amount determined according to the above method. The amount of compensation is determined as follows. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
The operator violates Articles 6 and 9 of this Law Article 1 stipulates that if it is difficult to determine the actual losses suffered by the right holder due to infringement and the benefits obtained by the infringer due to the infringement, the people's court shall award the right holder a compensation of not more than five million yuan based on the circumstances of the infringement.
2. Crime of infringement of trade secrets What is the sentencing standard?
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 concurrently or solely fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:
1. For theft, bribery, fraud, coercion, Electronic intrusion or other improper means to obtain the right holder’s business secrets;
2. Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the previous paragraph; Secret;
3. Violating the obligation of confidentiality or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession .
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