1. How to calculate the loss of trade secrets
1. Based on trade secrets The losses suffered by the rights holder due to the infringement shall be used as the basis for conviction, sentencing and actual compensation; the benefits obtained by the infringer due to the infringement shall be used as the amount of losses and compensation. 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.
2. Legal basis:
Civil Code of the People's Republic of China" Article 1165 If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability. According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.
"Civil Code of the People's Republic of China" Article 1166 If an actor causes damage to the civil rights and interests of others, regardless of whether the actor has If there is a fault and the law stipulates that the tort liability shall be borne, such provisions shall apply.
2. How much loss is required to constitute the crime of infringement of trade secrets
The amount of losses caused to the owner of the trade secret is more than 500,000 yuan; the amount of illegal gains caused by infringement of trade secrets is more than 500,000 yuan. The obligee goes bankrupt; other circumstances cause significant losses to the trade secret obligee.
Based on the decrease in the income of the trade secret right holder; for example, Company A's performance began to decline in early September 2007, and its monthly sales revenue was lower than that in August. Down 15.63%, totaling 6.99 millionYuan. Therefore, the court found that the infringement of trade secrets caused the company's major economic losses such as loss of customers, reduced turnover and profit, and found that the crime of infringement of trade secrets was established. However, this method of determination has basically not been used in judicial practice, mainly because the method of determining the loss of the right holder is based on the reduction in sales volume caused by the infringement of the right holder. Based on the uncertain factors of market competition, the product The reduction in sales is not necessarily entirely the result of the infringement; even if the infringement does cause a reduction in the sales of the right holder's products, the public prosecutor's office is often unable to prove the causal relationship between the two, let alone identify the reduced products. The specific amount of sales.
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