1. How to carry out identification of infringement of trade secrets
Identification of infringement of trade secrets Conduct:
1. Legally extract identification materials;
2. Entrust a professional identification agency to conduct the process Appraisal;
3. The appraisal agency will review the appraisal materials;
4. After review , if it is determined to be accepted, an appraisal opinion will be made on whether the trade secret has been infringed.
5. Legal basis:
Article 9 of the "Anti-Unfair Competition Law", Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtain the right holder's trade secrets through theft, bribery, fraud, coercion or other improper means ;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violate the agreement or the rights holder’s requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession.
(4) Instigate, induce, or help others to violate confidentiality obligations or violate rights holders’ requirements to keep business secrets, obtain, disclose, use, or allow others to use rights Human trade secrets.
Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.
2. What is the crime of infringement of trade secrets
The crime of infringement of trade secrets refers to the use of theft, inducement, coercion or other improper means to obtain the trade secrets of the right holder, or to illegally disclose, use or allow others to use them. or obtain trade secrets, causing heavy losses to the right holder of the trade secrets. Those who constitute the crime of infringement of trade secrets shall generally be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be sentenced to: fine; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Using theft, inducement, coercion or Obtaining the right holder's business secrets by other improper 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 the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.
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